CCD Will Be at the Supreme Court of Canada to Intervene in Canadian Human Rights Commission v. Attorney General of Canada

On November 28, the Council for Canadians with Disabilities (CCD) will be at the Supreme Court of Canada to intervene in a case called Canadian Human Rights Commission v. Attorney General of Canada. ARCH Disability Law Centre (ARCH) is representing the CCD in this case.

What is this case about?

The case started from two complaints that members of the Matson and Andrews families made to the Canadian Human Rights Commission. Members of the Matson and Andrews families applied to be registered as “Indians” under the Indian Act. Being registered as an Indian is important to many Indigenous persons because of the benefits of being registered, which include access to some government health benefits, education and child development programs.

Members of the Matson and Andrews families were denied registration as Indians because of rules about who can be registered which appear in the law. Their two complaints to the Canadian Human Rights Commission argued that the Government of Canada discriminated against them by denying their registration as Indians. A decision has not been made about whether denying the applications was discrimination because the Canadian Human Rights Tribunal found that the two complaints could not be heard. The Tribunal found that it did not have the legal authority to hear these complaints because they were challenges to the Indian Act itself (rather than challenges to the provision of registration services). As a result, the complaints should have been brought to court, as Charter challenges, not to the Human Rights Commission and Tribunal. 

Why is this case important for persons with disabilities?

The outcome of this case will have an important impact on access to justice for persons with disabilities.

If the Supreme Court agrees with the Canadian Human Rights Tribunal, it will mean that persons with disabilities who feel they have been discriminated against because of rules or requirements in laws will have to go to court to argue a Charter challenge to the law. They will not be able to bring their complaints to the Canadian Human Rights Commission or Tribunal. Going to court is a more expensive and complicated process than going to the Human Rights Commission, and it may mean having to hire a lawyer. Bringing a case to the Human Rights Commission is a much more accessible process for persons with disabilities. 

On behalf of the CCD, ARCH will provide a disability rights perspective to the Supreme Court, and show how the Court’s decision will create legal barriers to access to justice for persons with disabilities. ARCH will also argue that the Court should take into account the United Nations Convention on the Rights of Persons with Disabilities when it makes its decision. The Convention is an international law that sets out rights for persons with disabilities, including the right to access to justice on an equal basis as others. Effective access to justice is an important part of making sure that persons with disabilities can participate fully and equally in society.

Watch the case live by webcast

Beginning at 9:30AM, the Supreme Court will live-stream the hearing on their website. To watch live, go to http://www.scc-csc.ca/home-accueil/index-eng.aspx.

The full name and file number for the hearing is: Canadian Human Rights Commission v. Attorney General of Canada, Court File 37208.

For questions regarding accessibility of the webcast, contact the Registry for assistance: Telephone: 1-844-365-9662

Email: registry-greffe@scc-csc.ca.