Digests

Health and Welfare

Appeal from Federal Court decision (2008 FC 713) dismissing appellant’s indemnity claim related to social services provided in schools, support services provided to adults with disabilities living in residential resources—Issue underlying appeal is interpretation, application by Federal Court of An Act to authorize the making of contributions by Canada towards the cost of programs for the provision of assistance and welfare services to and in respect of persons in need, S.C. 1966-67, c. 45—That Act created Canada Assistance Plan, R.S.C., 1985, c. C-1 (CAP)—Federal Court not erring in its interpretation of Act in finding that services provided in schools were not “assistance and welfare services” as defined at CAP, s. 2—While CAP allowing for cost sharing of preventive interventions in respect of persons who are likely to become persons in need unless such services are provided, intervention must be justified by real rather than hypothetical imminence of need—Imminence of need contemplated by CAP referring to imminent probability, not merely latent possibility—Federal Court’s finding wholly supported by evidence—Federal Court not committing thing palpable, overriding error in finding that social support provided to adults with disabilities living in residential resources fell under category of adult residential care service; therefore, not meeting the definition of “assistance and welfare services”—Appeal dismissed.

Quebec (Attorney General) v. Canada (A-426-08, 2009 FCA 361, Létourneau J.A., judgment dated December 9, 2009, 25 pp.)