P.E.I. government takes Human Rights Commission to court

Lawyers for the provincial government are asking a judge to quash a decision by the P.E.I. Human Rights Commission.

The commission ruled last year the provincial government discriminated against a woman with schizophrenia when she was denied disability support.

But government lawyers argued in court Wednesday that ruling could be a setback to government efforts to support disadvantaged Islanders, suggesting the programs could be overwhelmed with applicants.

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"I fear many government programs would fall by the wayside because they are not absolutely inclusive to everybody," government lawyer Ruth DeMone told the court. "Context is important and that is where the panel erred in this particular case."

Laura King, 25, was diagnosed with schizophrenia in 2010. She now lives with her mother, Millie, in Stratford. Mother and daughter launched their human rights complaint four years ago after the province turned down their request for support from the disability support program, run by what is now the Department of Family and Human Services.

It's wrong to say there are no supports in this province.- Ruth DeMone, P.E.I. government lawyer

It's the government's view that mental health conditions, including schizophrenia, are not disabilities for the purposes of the support program.

Lawyers for the family and the Human Rights Commission disagree.

"P.E.I. is the only province that has no government support program from mental disabilities," Michael Dull, lawyer for the King family, told court. "The finding of the Human Rights Commission is consistent with Canada's charter rights."

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"There are benefits under the disability support program that are not available elsewhere," Brenda Picard, lawyer for the commission, said in court. "Laura King was discriminated against when she was denied the opportunity to see if she qualified for the program."

Government lawyers argued the support program is the wrong program for people with mental illness.

'Mental illness may be disabling, but that word stigmatizes and impedes recovery.'- Mitchell O'Shea, P.E.I. government lawyer

DeMone said it helps pay for things like hearing aids and mobility devices but doesn't cover the services the Kings are seeking, such as respite care and personal care.

"It's wrong to say there are no supports in this province, " she said. "The Canadian Mental Health Association, and others, receive government funding to provide support programs."

Government lawyer Mitchell O'Shea also argued that not all mental illness is a disability.

"The mental health community continues to fight the stigma of mental illness," he told the court. "Mental illness may be disabling, but that word stigmatizes and impedes recovery."

Laura King was not in court Wednesday.  Her mother, Millie King, sat in the public gallery.

"Laura finds all this overwhelming," said King. 

Justice Nancy Key will issue a written decision on the judicial review.

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