[2012] 3 F.C.R. D-7
Aboriginal Peoples
Motion for interlocutory injunction restraining implementation of Minister of Aboriginal Affairs and Northern Development Canada’s (AANDC) decision (Policy) requiring First Nations administering income assistance to people living on reserve in Prince Edward Island, Nova Scotia, New Brunswick to do so at rates, standards identical to those set by provinces in which located—That requirement dating back to 1964 Treasury Board directive—However, since 1991, AANDC, First Nations non-compliant with that directive—AANDC regional, national program manuals establishing rates, eligibility criteria for income assistance on reserves suggesting rates for income assistance not identical to those in provinces, stating income assistance would be delivered at standards reasonably comparable to those applied in province or territory where reserve located—2011 draft Atlantic Region Social Programs Manual not referring to “reasonable comparability”, stipulating income assistance program on-reserve to be administered using same rate structure, eligibility criteria as for off-reserve residents—However, AANDC advising in January 2012 that this manual would not be used, would be replaced by revised national manual—That manual providing that programs to be delivered at standards “reasonably comparable” to those of reference province, but that amounts payable for income assistance will be equivalent to rates of reference province—Applicants seeking judicial review of that Policy—Whether test for interlocutory injunction met—Estimated decline in income assistance rates under Policy, potential for ineligibility will cause emotional, psychological stress amounting to irreparable harm for some recipients—Individuals reliant on income assistance especially vulnerable even to small changes in resources available to meet basic needs—Balance of convenience favouring applicants as compliance not urgent matter given AANDC, First Nations non-compliant for many years—Serious issue to be tried based on significant impact of Policy on recipients, fact applicants expected to be consulted before Policy adopted—Motion granted.
Elsipogtog First Nation v. Canada (Attorney General) (sub nom. Simon v. Canada (Attorney General)) (T-1649-11, 2012 FC 387, Simpson J., reasons for order dated April 2, 2012, 28 pp.)