May 1, 1996 - Betty-Lu Clara Gibbs - a podcast by Stephen Hammond

Supreme Court of Canada weighs case to support employees with mental disabilities.Betty-Lu Clara Gibbs was working for Battlefords and District Co-operative Ltd in Saskatchewan in 1987, when she became disabled due to a mental disorder. After her three months of sick leave ran out, a long-term disability plan kicked in. Two years later, however, the benefits portion of that coverage was cut off, thanks to an insurance policy clause that dictated it had to end then if she had no physical disability and was not confined to a mental institution.Gibbs went to the Saskatchewan Human Rights Commission, which ruled that her rights had been violated and ordered her employer to remedy the situation. The company appealed to the courts and lost at both the Saskatchewan Court of Queen’s Bench and Saskatchewan Court of Appeal. On May 1, 1996, the Supreme Court of Canada heard her appeal. Six months later, judges there agreed with the previous rulings that persons with mental disabilities must be given the same rights as those with physical disabilities. The court reiterated the view that human rights legislation in Canada is “fundamental” or “quasi-constitutional,” and therefore must be interpreted in a broad and liberal manner. Hence, the insurance company was ordered to continue covering Gibbs for her long term disability.

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