Canada's top court won't hear a case on whether the provincial government discriminated against a man with autism by transferring him outside the province for care.
The Supreme Court dismissed the case that the New Brunswick Human Rights Commission brought against the former Department of Family and Community Services, now the Department of Social Development.Yes, but there are plenty more where that one came from (i.e. from the "human rights" culture that has perverted the concept of human rights, transforming it into a matter of entitlement).
The court typically doesn't give reasons in a decision not to hear a case.
The New Brunswick Court of Appeal ruled against the commission last year, upholding a decision out of the Court of Queen's Bench.
The court of appeal found the New Brunswick Human Rights Commission had failed to show the province discriminated by placing the man in institutional care in Saint John and later moving him to Spurwink, a facility in Portland, Me., that provides residential services for adults with autism.
The man's parents said the province's decision to move their son out of Fredericton, place him in institutional care in Saint John and ultimately move him out of New Brunswick amounted to discrimination.
The province's three-member high court said the situation was not a case where New Brunswickers with disabilities were being provided with a service in the province while the man was forced to receive the same service outside the province.
"This is a case where a person with a disability must go outside the province to receive a level of care that is simply unavailable in-province," Justice Joseph Robertson wrote.
Seamus Cox, a lawyer at the New Brunswick Human Rights Commission, said Thursday's decision ends the matter.
"The file will now be closed," he said...