Province won't appeal discrimination finding in human rights case

After a five-year long saga, Millie King is glad to finally have a legal battle against the P.E.I. government resolved in her favour.

The P.E.I. Court of Appeal recently overturned a judicial review of her human rights case, filed on behalf of her daughter. The Appeal Court decision reinstated the provincial Human Rights Commission's original finding that the government discriminated against people with mental illnesses.

The government on Wednesday said it would not be appealing the most recent decision. The Appeal Court found the commission's original findings, which said the province was discriminatory in not allowing people with mental illness to access the disability support program, were "reasonable" and "evidence-based." ​

"There was never, to my knowledge, any efforts by the government to come forward and try do anything about this," King said, noting she went to government managers, her MLA and MP before filing the human rights complaint.

Province implementing support

The case began five years ago in 2013 by King on behalf of her adult daughter, Laura, who was diagnosed with schizophrenia in 2010.

She launched the human rights complaint 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. The province said the program was only for Islanders with physical and intellectual disabilities.

"My hope for her is that she lives as independently as possible," King said. "That she lives with dignity, that she's happy where she lives, that she has supports where she requires them and yet she can do everything possible that she can for herself. She's a very independent person."

​The province announced in early 2017 that it would be adding mental illness to the disability support program, which it said was not connected to the King case.

Wednesday, the government said it "has been engaging with the public and community partners, such as the Canadian Mental Health Association and PEI Council of People with Disabilities, to ensure the changes made to expand supports will meet the needs of Islanders using the program."

Change needed, King says

While she doesn't know if the decision will help her daughter right now, she's hopeful it can create change and help others.

"I think that it has created a wave and I think it will eventually raise awareness and hopefully get others there ... I'm hopeful it will create a change," she said.

King wants to see P.E.I. social assistance completely change their policies to make them more readable for people who need access to services.

I think that it has created a wave and I think it will eventually raise awareness and hopefully get others there ... I'm hopeful it will create a change.— Millie King

"I wish things were more open and transparent," she said. "I have a university education, I work in government and I myself couldn't figure out their policies, they're so confusing."

The next step for the case would have been an appeal to the Supreme Court of Canada, something King believes the province wanted to avoid.

"I think that this whole issue has been kept fairly quiet actually. It's been kept within the province and I don't think they would want it to see the light of day, I don't think they would want it to go nationally," she said. "Because remember, P.E.I. was the only place in Canada — even the Yukon and Northwest Territories recognize mental disability and provide appropriate services and programming."

Hold government accountable

King said through this case, she has seen the power that everyday citizens have in holding the government to account for their actions.

"I think that this decision, the courts have made it clear that the government are accountable for what they do," she said. "I really think this whole case has made it clear that one person can make a difference, one person can question a government and the legislature, that's a very powerful machine to question," she said.

"It felt like a David and Goliath kind of battle."

• MORE P.E.I. NEWS | Island chef takes creative approach to cutting waste
• MORE P.E.I. NEWS | P.E.I. man to captain veterans' sledge hockey team against the U.S.