Mental Illness Support Class Action Lawsuit Moves Forward

In a unanimous decision, the P.E.I. Court of Appeal is allowing a class action lawsuit accusing a provincial disability support program of excluding individuals with mental illness to move forward.

The court reportedly dismissed nearly all of the issues brought forth on appeal by the P.E.I. government in its challenge of the certification of the mental illness support class action lawsuit. It referred one procedural matter back to the P.E.I. Supreme Court.

Plaintiffs: P.E.I. Denies Mental Illness Support Benefits

The mental illness support class action lawsuit was initially filed by plaintiffs Laura King and Nathan Dawson who are seeking compensation on behalf of individuals with mental disabilities who were denied coverage under the provincial disability support program.

In King’s case, the P.E.I. Human Rights Commission panel ruled in 2016 that the disability support program was discriminatory and ordered the government to pay her $15,000 in damages and $16,000 in costs.

The Human Rights Commission panel determined that the provincial government failed to provide a reasonable explanation for excluding people with mental illness from the disability support program or that their inclusion would not be possible without undue hardship.

King later joined with Dawson to pursue the mental illness support class action lawsuit against the province. They were unwilling to wait for a judicial review of the P.E.I. Human Rights Commission Decision and sought justice on behalf of others with mental illness who were excluded from the disability support program.

Because P.E.I. does not have class action legislation, the mental illness support lawsuit would proceed as a common law case but it still required the court’s endorsement of the case as a class action lawsuit. The proposed Class includes all current and former residents of P.E.I. since Oct. 1, 2001 who suffer or who have suffered from a mental disability.

P.E.I. Government Argued Case Should Not Proceed as Class Action Lawsuit

In May 2019, P.E.I. Supreme Court Justice Gregory Cann wrote that he was satisfied the case met the requirements to proceed as a class action lawsuit. The P.E.I. government subsequently filed an appeal seeking to have the order dismissed, claiming that Justice Cann erred when he determined that a class action lawsuit is the preferred procedure for the case and argued that the Class had been defined too broadly.

The P.E.I. government argued in its appeal to have the class certification order dismissed or to have it sent back to the P.E.I. Supreme Court for reconsideration. Alternatively, the provincial government argued that the proposed time frame for inclusion in the proposed Class should be limited to when the former disability support program ended.

Justices Cite Need for Provincial Class Action Legislation

Justice Michele Murphy wrote in the appellate court’s order that it would be unjust for P.E.I. residents with mental disabilities to be denied access to the courts to bring forth their common allegations of discrimination in breach of the charter rights.

Justice Murphy also addressed the challenge of pursuing common complaints in P.E.I. because of the lack of class action legislation in the province. She notes that P.E.I. is the only province that does not have legislation regarding class action lawsuits.

“Without treading on the legislative branch, it needs to be expressed that the time has come for government to enact legislation which would provide better access to justice for individuals who might benefit from such class proceedings,” Justice Murphy wrote.

Chief Justice David Jenkins chimed in to note that the courts and judiciary in the province have sought the creation of such class action legislation without success.

“I take this opportunity to lament the inaction by the legislative and executive branches of government,” Chief Justice Jenkins said. “This would be an easy fix that would provide residents of this province a needed tool for meaningful access to justice.”

Lack of Mental Illness Support a Significant Concern 

There is significant concern about the need for mental illness support in Canada. Recently, Royal Canadian Mounted Police officers alleged that the organization lacks adequate mental health crisis services and hinder their ability to properly serve and protect Canadians.

The plaintiffs in the RCMP class action lawsuit claim that the lack of mental illness support services has led to increased workplace conflict, high turnover rates, negatively affected psychological states and suicidal inclinations. They claim that they were not provided adequate mental or occupational health services by the RCMP.

Do you think this case should proceed as a class action lawsuit, or do you agree with the P.E.I. government that the provincial Supreme Court should reconsider its determination? Let us know your thoughts in the comments section below.

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