[2013] 3 F.C.R. D-1
Aboriginal Peoples
Judicial review of decision by Aboriginal Affairs and Northern Development Canada (AANDC) not to reimburse applicant Pictou Landing Band Council (PLBC) for in-home health care to PLBC member—PLBC member teenager with multiple disabilities, high care needs, living on-reserve—PLBC receiving health care funding from AANDC, Health Canada—PLBC, Health Canada, AANDC participating in case conferences regarding member’s needs—PLBC believing member’s case falling under Jordan’s Principle, wherein government department first contacted for service readily available off-reserve having to pay while pursuing repayment of expenses—AANDC refusing PLBC request for additional funding, stating that 24-hour home care exceeding normative standard of care, case not meeting federal definition of Jordan’s Principle—Whether Jordan’s Principle engaged herein; whether AANDC properly assessing request for funding—Unreasonable for AANDC to find that Jordan’s Principle not engaged—Jordan’s Principle not to be read narrowly—Normative standard of care herein encompassing provincial rules for range of services available to persons in Nova Scotia residing off-reserve—Jordan’s Principle including services for exceptional cases where allowed for in province where child geographically located—Nova Scotia (Department of Community Services) v. Boudreau, 2011 NSSC 126, [2011] 302 N.S.R. (2d) 50 holding that adult living off-reserve with multiple handicaps entitled to increased home care services under exceptional circumstances provision of Nova Scotia’s Direct Family Services Policy, Social Assistance Act, R.S.N.S. 1989, c. 432, s. 9—AANDC clearly informed by provincial officials of the legislatively mandated policy—Jordan’s Principle existing to address PLBC member’s situation—AANDC erring in determining that PLBC requesting 24 hour in-home care—AANDC, Health Canada having to reimburse PLBC—Application allowed.
Pictou Landing First Nation v. Canada (Attorney General) (T-1045-11, 2013 FC 342, Mandamin J., judgment dated April 4, 2013, 39 pp.)