Supreme Court

Decision Information

Decision Content

 

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.

 

 

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.