Hughes v. Prince Edward Island (Minister of Health and Social Services), (1993) 105 Nfld. & P.E.I.R. 202 (PEITD)

• Judge: Matheson, J.
• Case Date: January 15, 1992
• Jurisdiction: Prince Edward Island
• Citations: (1993), 105 Nfld. & P.E.I.R. 202 (PEITD)

Hughes v. P.E.I. (1993), 105 Nfld. & P.E.I.R. 202 (PEITD);

    331 A.P.R. 202

MLB headnote and full text

R. Douglas Hughes and Catherine M.P. Hughes (applicants) v. Government of Prince Edward Island, as represented by the Minister for the Department of Health and Social Services (respondent)

(No. GSC-11115)

Indexed As: Hughes v. Prince Edward Island (Minister of Health and Social Services)

Prince Edward Island Supreme Court

Trial Division

Matheson, J.

January 20, 1993.

Summary:

Parents applied for medical benefits on behalf of their daughter. The Prince Edward Island Hospital and Health Services Commission refused the claim as the daughter did not have a social insurance number. The Commission refused the parents the right to appeal. The parents applied for various remedies by way of judicial review.

The Prince Edward Island Supreme Court, Trial Division, dismissed the application.

Administrative Law - Topic 3201

Judicial review - General - [See Administrative Law - Topic 3210 ].

Administrative Law - Topic 3210

Judicial review - Jurisdictional issues - Parents applied for medical benefits on behalf of their daughter - The Prince Edward Island Hospital and Health Services Commission refused the claim as the daughter did not have a social insurance number as required by the Health and Services Payment Act - The Commission refused the right to appeal on the basis that there was no decision to appeal - The parents applied for judicial review - The Commission asserted that the court did not have jurisdiction as there was no decision to review - The Prince Edward Island Supreme Court, Trial Division, concluded that the Commission's refusal of the claim was a judicially reviewable decision - See paragraphs 9 to 23.

Constitutional Law - Topic 7506

Provincial jurisdiction - Matters of local or private nature - Health - [See Government Programs - Topic 1925 ].

Government Programs - Topic 1925

Medicare - Entitlement - Requirement of social insurance number - The Province of Prince Edward Island, as represented by the Hospital and Health Services Commission, refused coverage for medical services as the claimant did not have a social insurance number - The Prince Edward Island Supreme Court, Trial Division, affirmed the decision and the Province's jurisdiction to use social insurance numbers as an entrance requirement for coverage until such time as the federal government prohibited the use - See paragraphs 25 to 52.

Cases Noticed:

Health Services Commission of Prince Edward Island v. Appeal Board (1979), 25 Nfld. & P.E.I.R. 181; 68 A.P.R. 181; 95 D.L.R.(3d) 684 (P.E.I.S.C.), dist. [para. 13].

Nicholson v. Haldimand-Norfolk Board of Commissioners of Police, [1979] 1 S.C.R. 311; 23 N.R. 410; 88 D.L.R.(3d) 671; 78 C.L.L.C. 14,181, consd. [para. 15].

Nova Scotia (Attorney General) et al. v. Canada (Attorney General) et al., [1951] S.C.R. 31; [1950] 4 D.L.R. 369, refd to. [para. 38].

Agricultural Products Marketing Act, R.S.C. 1970, Farm Products Marketing Agencies Act, S.C. 1972, Farm Products Marketing Act, R.S.O. 1970, Re, [1978] 2 S.C.R. 1198; 19 N.R. 361; 84 D.L.R.(3d) 257, refd to. [para. 50].

R. v. Stewart, [1988] 1 S.C.R. 963; 85 N.R. 171; 28 O.A.C. 219; 41 C.C.C.(3d) 481; 50 D.L.R.(4th) 1; 63 C.R.(3d) 305, consd. [para. 51].

Statutes Noticed:

British North America Act - see Constitution Act, 1867.

Constitution Act, 1867, generally [para. 38].

Health Services Payment Act, R.S.P.E.I. 1988, c. H-2, sect. 1(e) [para. 41]; sect. 2(f), sect. 2(g) [para. 49]; sect. 3(2) [para. 17]; sect. 10(4) [paras. 5, 18, 44]; sect. 11 [paras. 5, 18].

Health Services Payment Act Regulations (P.E.I.), sect. 3 [paras. 21, 48, 49]; sect. 3(1) [paras. 19, 40]; sect. 8 [para. 49]; sect. 8(1), sect. 8(2) [para. 47]; sect. 12(1) [para. 42]; sect. 13(1) [para. 22]; sect. 23 [para. 22]; sect. 26, sect. 27, sect. 28, sect. 29, sect. 30, sect. 31, sect. 32 [para. 7]; sect. 23(a) [para. 44].

Judicial Review Act, S.P.E.I. 1990, c. J-3, sect. 1(b) [para. 10]; sect. 2(1) [para. 16]; sect. 3 [para. 12]; sect. 3(3) [para. 11]; sect. 4(1) [para. 12].

Privacy Act, R.S.C. 1991, c. P-21, sect. 3, sect. 7 [para. 31]; sect. 8, sect. 8(1) [para. 32]; sect. 8(2) [paras. 33, 37]; sect. 8(2)(f) [paras. 33, 36, 37]; sect. 8(2)(m) [paras. 33, 37].

Unemployment Insurance Act, R.S.C. 1985, c. U-1, sect. 107(3) [para. 29]; sect. 108(2) [para. 26]; sect. 108(3), sect. 108(4) [para. 27].

Unemployment Insurance Act Regulations (Can.), sect. 73(6) [paras. 28, 36].

Counsel:

Catherine M. Parkman, for the applicants;

Charles P. Thompson, for the respondent.

This application was heard on January 15, 1992, before Matheson, J., of the Prince Edward Island Supreme Court, Trial Division, who delivered judgment on January 20, 1993.