Rhyno v. Nova Scotia (Minister of Community Services) et al., (1994) 131 N.S.R.(2d) 353 (SC)

• Judge: Goodfellow, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: October 14, 1993
• Jurisdiction: Nova Scotia
• Citations: (1994), 131 N.S.R.(2d) 353 (SC)

Rhyno v. N.S. (1994), 131 N.S.R.(2d) 353 (SC);

  371 A.P.R. 353

MLB headnote and full text

Sharon Mae Rhyno (applicant) v. The Minister of Community Services et al. (respondents)

(S.Y. No. 3274)

Indexed As: Rhyno v. Nova Scotia (Minister of Community Services) et al.

Nova Scotia Supreme Court

Goodfellow, J.

May 16, 1994.

Summary:

A separated mother commenced a Charter challenge, asserting that regulation 20 of the Nova Scotia Family Benefits Schedule B Regulations contravened her s. 15(1) Charter right to equality.

The Nova Scotia Supreme Court dismissed the challenge.

Civil Rights - Topic 910

Discrimination - General principles - Adverse effect or indirect discrimination - Section 20 of the Nova Scotia Family Benefits Schedule B Regulations provided that to be eligible for provincial assistance a married recipient had to have been deserted for six months - Ineligible appli­cants could apply to the municipality for assistance - Provincial benefits had a higher maximum level - Section 20 did not apply to widows, widowers, spouses of prisoners, deceased persons, patients in sanatoriums or hospitals or divorced per­sons - An applicant mother who was separated from her husband, asserted that s. 20 had an adverse effect of discrimina­tion - The hus­band continued to provide assistance dur­ing her ineligibility period - The Nova Scotia Supreme Court held that the appli­cant failed to show that s. 20 had an adverse effect of discrimi­nation - See para­graphs 57 to 61.

Civil Rights - Topic 5648

Equality and protection of the law - Social assistance legislation - Section 20 of the Nova Scotia Family Benefits Schedule B Regulations provided that to be eligible for provincial assistance a married recipient had to have been deserted for six months - Ineli­gible applicants could apply to the munici­pality for assistance - Provincial benefits were higher - An applicant asserted that because of her status as a separ­ated mother, s. 20 violated her equal­ity rights under s. 15(1) of the Charter - The Nova Scotia Supreme Court con­cluded that the appli­cant failed to establish a legal distinc­tion, dis­crimination or dif­fer­ential impact - The court further con­cluded that s. 15(1) did not apply, where the regula­tion was the type of legislation envisioned by s. 15(2) - See paragraphs 35 to 56.

Civil Rights - Topic 5648

Equality and protection of the law - Social assistance legislation - Section 20 of the Nova Scotia Family Benefits Schedule B Regulations provided that to be eligible for provincial assistance a married recipient had to have been deserted for six months - Ineli­gible applicants could apply to the munici­pality for assistance - Provincial benefits had a higher maximum level - Section 20 did not apply to widows, widowers, spouses of prisoners, deceased persons, patients in sanatoriums or hospi­tals or divorced persons - The Nova Scotia Supreme Court concluded that s. 20 did not infringe the s. 15 Charter guarantee to equality on the basis of marital status, sex or age - See paragraphs 62 to 75.

Civil Rights - Topic 8348

Canadian Charter of Rights and Freedoms - Application - Exceptions - Reasonable limits prescribed by law (s. 1) - Section 20 of the Nova Scotia Family Benefits Schedule B Regulations provided that to be eligible for provincial assistance a married recipient had to have been deserted for six months - Ineligible applicants could apply to the municipality for assistance - Pro­vincial benefits had a higher maximum level - Section 20 did not apply to widows, widowers, spouses of prisoners, deceased persons, patients in sanatoriums or hospi­tals or divorced persons - The Nova Scotia Supreme Court stated that if s. 20 had infringed s. 15(1) of the Charter, it would have concluded under s. 1 that there was "... nothing arbitrary, unfair or based on irrational considerations in the measures provided" - See paragraph 76.

Civil Rights - Topic 8664

Canadian Charter of Rights and Freedoms - Equality rights (s. 15) - Application - [See first Civil Rights - Topic 5648 ].

Civil Rights - Topic 8668

Canadian Charter of Rights and Freedoms - Equality rights (s. 15) - What consti­tutes a breach of s. 15 - [See both Civil Rights - Topic 5648 ].

Cases Noticed:

Reference Re Family Benefits Act (N.S.), Section 5 (1986), 75 N.S.R.(2d) 338; 186 A.P.R. 338 (C.A.), consd. [para. 11].

McInnis v. Director of Social Planning Department (Halifax) (1990), 96 N.S.R.(2d) 350; 253 A.P.R. 350 (C.A.), consd. [para. 11].

Woodard v. Social Assistance Appeal Board (N.S.) (1983), 64 N.S.R.(2d) 429; 143 A.P.R. 429 (T.D.), refd to. [para. 11].

Carvery v. Halifax (City) et al. (1993), 120 N.S.R.(2d) 271; 332 A.P.R. 271 (S.C.), refd to. [para. 11].

Andrews v. Law Society of British Co­lumbia, [1989] 1 S.C.R. 143; 91 N.R. 255; [1989] 2 W.W.R. 289; 56 D.L.R.(4th) 1; 34 B.C.L.R.(2d) 273; 36 C.R.R. 193; 25 C.C.E.L. 255, affing. [1986] 4 W.W.R. 242; 2 B.C.L.R.(2d) 305 (C.A.), consd. [para. 25].

Dartmouth/Halifax County Regional Hous­ing Authority v. Sparks (1993), 119 N.S.R.(2d) 91; 330 A.P.R. 91; 101 D.L.R.(4th) 224 (C.A.), consd. [para. 37].

Tighe v. McGillivray Estate et al. (1994), 127 N.S.R.(2d) 313; 355 A.P.R. 313 (C.A.), consd. [para. 39].

Moge v. Moge, [1992] 3 S.C.R. 813; 145 N.R. 1; 81 Man.R.(2d) 161; 30 W.A.C. 161; [1993] 1 W.W.R. 481; 43 R.F.L.(3d) 345, refd to. [para. 60].

D.T., Re (1992), 113 N.S.R.(2d) 74; 309 A.P.R. 74 (C.A.), refd to. [para. 63].

Weronski v. Minister of National Revenue (1991), 33 R.F.L.(3d) 441 (Tax C.C.), refd to. [para. 63].

Penner v. Danbrook, [1992] 4 W.W.R. 385; 100 Sask.R. 125; 18 W.A.C. 125 (C.A.), refd to. [para. 63].

Leroux v. Co-operators General Insurance Co. (1991), 50 O.A.C. 220; 83 D.L.R.(4th) 694 (C.A.), refd to. [para. 63].

McKinney v. University of Guelph et al., [1990] 3 S.C.R. 229; 118 N.R. 1; 45 O.A.C. 1; 76 D.L.R.(4th) 545; 2 C.R.R.(2d) 1, consd. [para. 69].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 1, sect. 15, sect. 15(1) [para. 15 et seq.]; sect. 15(2) [paras. 15, 55]; sect. 24 [para. 15].

Constitution Act, 1982, sect. 52(1) [para. 16].

Family Benefits Act, R.S.N.S. 1989, c. 158, sect. 4 [paras. 21, 22]; sect. 5(a), sect. 5(c), sect. 5(d), sect. 5(e) [para. 21]; sect. 6 [para. 23]; sect. 6(a) [para. 21].

Family Benefits Act, S.N.S. 1977, c. 8, sect. 3 [para. 13].

Family Benefits Act Regulations (N.S.), Family Benefits Schedule B Regulations, sect. 5(b) [paras. 17, 24]; sect. 6 [para. 45]; sect. 17(1), sect. 17(2), sect. 17(3) [para. 24]; sect. 20 [para. 19 et seq.]; sect. 21 [para. 45].

Family Benefits Schedule B Regulations (N.S.) - see Family Benefits Act Regu­lations (N.S.).

Family Maintenance Act, R.S.N.S. 1989, c. 160, generally [para. 46].

Mothers' Allowance Act, S.N.S. 1930, c. 4, generally [para. 12].

Social Assistance Act, R.S.N.S. 1989, c. 432, generally [para. 12].

Authors and Works Noticed:

Blouin, Barbara, Women and Children Last - Single Mothers on Welfare in Nova Scotia (February 1989), pp. 1, 2, 3, 4, 5, 6 [para. 11].

National Council of Welfare, A Report: Welfare in Canada, The Tangled Safety Net (November, 1987), pp. 1 to 6 [para. 11].

Nova Scotia, Family Benefits Program Manual, c. 3, ref.: 03-01-05 [para. 4].

Counsel:

Dell C. Wickens, for the applicant;

Alex M. Cameron and Louise Walsh Poirier, for the respondents.

This application was heard at Yarmouth, Nova Scotia, on October 14, 1993 (followed by a post-hearing memorandum), before Goodfellow, J., of the Nova Scotia Supreme Court, who delivered the following decision on May 16, 1994: