Law360 Canada ( November 11, 2021, 6:16 AM EST) -- Appeal by the Disability Rights Coalition (DRC) from the decision of a Board of Inquiry’s dismissal of its allegation of systemic discrimination. Appeal by the individual appellants from the Board’s finding of the time frame for their prima facie discrimination and from the damages awarded. Cross-appeal by the Province from the Board’s finding that the individual appellants established prima facie discrimination. The individual appellants resided in institutionalized settings, including lengthy periods at a locked acute-care psychiatric unit. They alleged the Province discriminated against them in the provision of a service due to their mental disabilities and financial status, thus preventing them from living in the community. Despite being found eligible for social assistance under the Province’s legislative regime, the individual complainants alleged they did not receive the benefits to which they were entitled and that able-bodied persons eligible for social assistance did not risk being institutionalized to receive the benefits to which they were entitled. DRC, an alliance of disability advocacy groups and individuals, also filed a complaint alleging the discrimination experienced by the individual complainants and others was a product of systemic discrimination. The Board found the individual complainants had established prima facie discrimination during the time periods when they were housed in the locked psychiatric unit and awarded damages of $100,000 to each of MacLean and Delaney and $10,000 to each of the third complainant’s sister and niece as the third complainant had died. The Board further ordered the Province pay costs to the individual complainants’ legal counsel. The individual complainants argued the Board’s analysis giving rise to the finding of prima facie discrimination was flawed, resulting in the time frame during which the discriminatory treatment occurred being unduly shortened. They also argued the damage awards were insufficient. The Province argued the Board erred in finding the individual appellants established prima facie discrimination....