Three deaf individuals sued the Attorney General of British Columbia and the Medical Services Commission arguing that they received inferior medical care due to the lack of sign language translators available at medical care facilities.

The Supreme Court held the failure of hospitals and medical plans to provide for sign language interpretation violated the right to equal protection and to be free from discrimination under the Charter. In specific, the Court found that when private entities are carrying out a specific governmental policy or program, the activities must be in compliance with the Charter. Finding that deaf persons belong to an enumerated group, namely the physically disabled, the Court held that the policy was discriminatory not in intent, given that it was neutral on its face, but in its effect. Finally, the Court considered whether the infringement was justified, concluding that it was not as the cost of providing sign language interpreters was minimal. The Court ordered the government of British Columbia to institute a policy consistent with its decision.

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