Abstract
Relying on the Supreme Court of Canada’s decision in British Columbia (Attorney General) v. Council of Canadians with Disabilities as illustration, this paper aims to broaden perspectives about the availability of disability rights and disability justice. The first section considers the access to justice concerns that flow from the initial decision to deny standing to the Council of Canadians with Disabilities. Second, it addresses the barriers to accessing justice for persons with disabilities that grounded the case and the disproportionate impact of the impugned mental health legislation on equity-denied communities. The final section evaluates the persistence of procedural and substantive barriers to accessing disability justice. While we celebrate the Supreme Court’s decision, public interest standing alone is insuffıcient to address the deeply rooted barriers to disability justice. Instead, a comprehensive and collective approach is necessary to confront systemic barriers to justice, acknowledging intersecting forms of sanism.
Citation Information
Sheldon, C. Tess; Spector, Karen R.; and Dhand, Ruby.
"From Rights to Justice: Perspectives on Access to Disability Justice in BritishColumbia (Attorney General) v. Council of Canadians with Disabilities."
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
115.
(2024).
DOI: https://doi.org/10.60082/2563-8505.1445
https://digitalcommons.osgoode.yorku.ca/sclr/vol115/iss1/3
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