Skip to content
LEAF logo
LEAF logo
DONATE
DONATE
MENU
LEAF logo

Contact

DONATE
DONATE
Informations en français
  • English
  • Français
  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Accountability Project
      • Avenues to Justice
      • Strengthening Community Capacity
      • Technology-Facilitated Violence
      • Valuing the Care Economy
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Calgary
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kitchener-Waterloo
    • LEAF London
    • LEAF Newfoundland & Labrador
    • LEAF Ottawa
    • LEAF Saskatchewan
    • LEAF Sudbury
    • LEAF Toronto
    • LEAF Windsor
    • LEAF Winnipeg
  • Get Involved
    • Ways to Get Involved
    • Donate to LEAF
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Accountability Project
      • Avenues to Justice
      • Strengthening Community Capacity
      • Technology-Facilitated Violence
      • Valuing the Care Economy
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Calgary
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kitchener-Waterloo
    • LEAF London
    • LEAF Newfoundland & Labrador
    • LEAF Ottawa
    • LEAF Saskatchewan
    • LEAF Sudbury
    • LEAF Toronto
    • LEAF Windsor
    • LEAF Winnipeg
  • Get Involved
    • Ways to Get Involved
    • Donate to LEAF
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
Home / Cases and Law Reform / Search Cases & Submissions

Case Summary

Eldridge v. A.G. (1997)

This case concerned equal access to medical care for deaf persons. 

LEAF, with the involvement of West Coast LEAF, intervened in partnership with DisAbled Women’s Network Canada (DAWN) before the Supreme Court of Canada. 

Facts 

Linda Warren, who was Deaf and communicated through sign language, gave birth to twins. The twins were suddenly taken away without explanation. Her husband, who was also Deaf, was not notified either as to why the babies were taken away.  

Robin Eldridge, who was Deaf and communicated through sign language, asked for sign language interpretation under her local health insurance plan so she could understand the treatment being offered to her. It was denied because British Columbia’s Medical Protection Act and Hospital Insurance Act did not cover interpretation services for deaf persons. 

Ms. Warren, Mr. Warren, and Ms. Eldridge argued that the failure to provide sign language interpreters violated s. 15 of the Charter. The Supreme Court of British Columbia dismissed their claim. The British Columbia Court of Appeal dismissed their appeal of the lower court’s decision. The three appealed to the Supreme Court of Canada. 

Arguments 

LEAF and DAWN argued that achieving substantive equality required close attention to social and historical context. The history of persons with disabilities in Canada was one of exclusion and social devaluation. Disability was considered to be a negative characteristic and a defect, and individuals with disabilities faced serious socio-economic disadvantage. People who are d/Deaf had similarly been subject to marginalization based on disability.  

LEAF and DAWN also argued that, for persons with disabilities, equality meant the right to participate in an inclusive society. Communication is an integral part of all health care services. While an effective means of communication was routinely available to hearing patients, it was denied to d/Deaf patients. As a result, they received inferior health care compared to hearing patients.  

Outcome 

The Supreme Court of Canada held that the failure to provide sign language interpretation when it is necessary for effective communication violated the s. 15 rights of d/Deaf persons. It issued a declaration requiring the government of British Columbia to administer its health care system in a manner consistent with the Charter.   

LEAF is grateful to Jennifer Scott, Judy Parrack and Katherine Hardie, counsel in this case, as well as Carole Brown, Ottawa agent for LEAF and DAWN. 

Download the factum here.

Read the Supreme Court of Canada’s decision here. 

Our records are imperfect, but we are doing our best to update them – if you were involved with LEAF on this case but your name is not reflected here, please email us at [email protected]. 

Case Documents

March 21, 1997
Supreme Court of Canada Factum

Case News

Loading...
Help us promote gender equality
Donate to support equality

Search Cases & Submissions

  • Issue Area

  • Type

  • Submission Type

  • By Date

  • Keyword

  • Reset search
Help us promote gender equality
Donate to support equality

Stay up to date on feminist law and LEAF’s work to advance gender equality



Related Project

Loading...
A senor patient of African decent, sits across the desk from her female doctor as they go over her recent lab results on a tablet in front of them.  The woman is dressed casually and leaning in closely to look at the screen as the doctor explains what she is seeing.
Current Work
Valuing the Care Economy

Related Cases

Loading...

Attorney General of Québec v. Kanyinda  

This case is about refugee claimant women’s eligibility for subsidized daycare in Quebec. 

Fair Voting BC v. Canada (Attorney General) 

This case is about the underrepresentation of women and racialized people in Parliament. 
More Cases

Related Cases

Loading...

Attorney General of Québec v. Kanyinda  

This case is about refugee claimant women’s eligibility for subsidized daycare in Quebec. 

Fair Voting BC v. Canada (Attorney General) 

This case is about the underrepresentation of women and racialized people in Parliament. 
More Cases

Related Issue Area

Loading...

Identity-Based Oppression

Case Summary

Eldridge v. A.G. (1997)

Sidebar Placeholder

LEAF_FAEJ_hz_names_colour_rgb_rev
Donate to support equality

National Office
180 Dundas Street West, Suite 1420
Toronto, ON M5G 1Z8
[email protected]
Phone: 416.595.7170
Toll-free: 1.888.824.5323
Facsimile: 416.595.7191

Linkedin

Stay up to date on feminist law and LEAF’s work to advance gender equality



LEAF_FAEJ_hz_names_colour_rgb_rev

National Office
180 Dundas Street West, Suite 1420
Toronto, ON M5G 1Z8
[email protected]
Phone: 416.595.7170
Fax: 416.595.7191

Charitable Registration Number: 10821 9916 RR0001

Facebook-f Twitter Instagram Linkedin

Stay up to date on feminist law and LEAF’s work to advance gender equality



Donate to support equality
Donate to support equality

© 2020 Women’s Legal Education & Action Fund (LEAF). All rights reserved. | Legal & Privacy | Accessibility | Website by Affinity Bridge

MENU

  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Accountability Project
      • Avenues to Justice
      • Strengthening Community Capacity
      • Technology-Facilitated Violence
      • Valuing the Care Economy
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Calgary
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kitchener-Waterloo
    • LEAF London
    • LEAF Newfoundland & Labrador
    • LEAF Ottawa
    • LEAF Saskatchewan
    • LEAF Sudbury
    • LEAF Toronto
    • LEAF Windsor
    • LEAF Winnipeg
  • Get Involved
    • Ways to Get Involved
    • Donate to LEAF
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
  • English
  • Français