Reference Library
Legal precedent library
In brief
What is in this library
- Nova Scotia DRC, most direct contemporary precedent for systemic-discrimination challenge to disability-services waitlist.
- Charter s. 15 case law, foundational SCC jurisprudence (Eldridge, Auton, Moore, Withler).
- Waitlist elimination precedents, operational outcomes from Saskatchewan, NHS, BC, Alberta.
- Carroll v. Ontario (HRTO 2025-62264-I), Spencer Carroll's active application applying this framework to the OAP.
- Single-Entry Model proposal, companion operational reform that can begin without new appropriations.
Library entries
Binding 2023 order requires Nova Scotia to eliminate the disability-services waitlist by March 31, 2028. Plus a $32M Charter class-action settlement (2025). Most direct contemporary precedent for Carroll v. Ontario.
Read entryFoundational and recent Canadian Charter and human-rights jurisprudence on disability services: Eldridge, Auton, Wynberg, Moore, Withler, NS DRC, Burland.
Read entryDocumented Canadian and international waitlist-reduction outcomes: Saskatchewan Surgical Initiative (75% reduction), NHS 18-week target, BC + Alberta autism programs.
Read entryPending, unadjudicated HRTO application by Spencer Carroll alleging the Ontario Autism Program waitlist constitutes systemic disability discrimination. Filed 2025; allegations are not findings.
Read entryPolicy companion piece, operational reform achievable without new appropriations. Saskatchewan-style pooled provider matching applied to OAP.
Read entry
Next Steps
Read the active Ontario application
Carroll v. Ontario applies this body of precedent to the OAP waitlist.
- Disability Rights Coalition v. Nova Scotia, 2021 NSCA 70. Nova Scotia Court of Appeal (CanLII) (2021)
- $32 million Nova Scotia disability settlement claims process announcement. Newswire (2025)
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