The Canadian Human Rights Tribunal is currently hearing a case, Lidkea v. Correctional Service Canada, regarding the rights of deaf people in federal prison.

The complainant, Timothy Lidkea, a deaf Métis inmate, filed a complaint against Correctional Service Canada, the respondent, claiming that he had experienced seclusion due to a lack of accommodations within the prison, which resulted in his being unable to keep in contact with family, observe Métis cultural practices, communicate with his lawyers, obtain medical care, and partake in day-to-day life in the prison. Lidkea stated that Correctional Service Canada had no policy that explained how they provided accommodations for people who are disabled, such as when ASL interpreters could be used and the absence of Video Relay Service. This video telecommunication service would allow him to use the telephone.

The man is represented by legal counsel in Prisoners’ Legal Services. The Executive Director Jennifer Metcalfe said that the prison “has a duty to accommodate deaf people in prison. It must immediately take steps to ensure that Deaf and hard of hearing people have adequate access to ASL interpreters, and it must implement VRS in prisons across the country.”

The hearing is happening between October 15 and November 1, 2024, and could set a precedent for the treatment of deaf people in federal prisons.

The Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act, which outlines the procedures of the Canadian Human Rights Tribunal, are federal laws that defend the rights of people with disabilities. The Canadian Charter of Rights and Freedoms states that every individual is equal before and under the law and has the right to equal protection and benefit of the law without discrimination based on physical disability.