IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Clyke v. Nova Scotia (Community Services), 2004 NSSC 89
Date: 20040427
Docket: SH 202556
Registry: Halifax
Between:
Shaunderay Clyke
Applicant
v.
Minister of Community Services
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Suzanne M. Hood
Heard: November 19, 2003 in Halifax
Written Decision: April 27, 2004
Subject: Certiorari; social assistance; authority to delegate; power to discriminate; s. 15(1) Charter
Summary: Shaunderay Clyke is a single parent with three young children who is attending university. She was denied income assistance under the Employment Support and Income Assistance Act, S.N.S. 2000, c.27 and her appeal was also denied. She claims that Regulation 67(1) of the Employment Support and Income Assistance Act is invalid in that it prevents a university student from receiving social assistance benefits.
Issue: 1) Does the Employment Support and Income Assistance Act authorize the delegation of a power to create Regulation 67(1)?
2) Does the Employment Support and Income Assistance Act authorize a regulation like Regulation 67(1) which is discriminatory?
3) Does Regulation 67(1) infringe s. 15(1) of the Canadian Charter of Rights and Freedoms?
Result: 1) The Employment Support and Income Assistance Act authorizes the delegation of the power to enact Regulation 67(1); it is not invalid;
2) Regulation 67(1) does not create the distinction and is not discriminatory;
3) Regulation 67(1) does not infringe s. 15(1) of the Charter of Rights and Freedoms.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.