Justice Gonthier and Disability Rights

Résumé du livre

In this paper, we explore how Justice Gonthier's decision in Nova Scotia (Workers' Compensation Board) v. Martin contributed significantly to disability rights law. The legislation found to be unconstitutional in Martin created a separate track of benefits, limited to only four weeks, for individuals with chronic pain conditions. We argue that the decision was consistent with the best traditions of critical disability theory which focuses on eliminating structural barriers that impede the participation of people with disabilities in activities of daily living such as working, transportation and recreation. We maintain that Justice Gonthier's decision embodied many of the central principles of critical disability theory including putting the person with a disability at the centre of one's legal analysis and embracing a broad definition of disability. Finally, we use these insights to critique the Nova Scotia Court of Appeal decision in Downey v. Nova Scotia (Workers' Compensation Appeal Tribunal.).