The complainants, family members of deceased involuntary psychiatric patients, alleged that s. 10 of the Coroners Act discriminated against them on the basis of mental disability by making inquests discretionary for involuntary patients but mandatory for inmates in penal institutions.
The Human Rights Tribunal found discrimination and ordered inquests and damages.
On appeal, the Divisional Court held that while a coroner's inquest is a 'service' under s. 1 of the Human Rights Code, the differential treatment under the Coroners Act does not amount to discrimination.
The distinction is based on the different vulnerable circumstances and levels of public oversight in penal institutions versus psychiatric facilities, not on disability.
The appeal was allowed and the complaints were dismissed.
