Daoust v. Mohawk Council of Kanesatake

Daoust v. Mohawk Council of Kanesatake

The Council unreasonably suspended the Applicant’s IAP benefits because, under the Agreement the Council signed, the Social Programs – National Manual is binding and the Manual’s IAP eligibility criteria do not permit suspension of benefits on the basis of alleged illegal occupation or enforcement of the Moratorium; accordingly the September 23, 2016 suspension was set aside and the matter was referred back to the Council to assess the Applicant’s eligibility under the IAP from October 1, 2016 to the date of judgment.

Citation
2018 FC 766
Parties
Applicant: Vincent Daoust; Respondent: Mohawk Council of Kanesatake
Court
Federal Court
Jurisdiction
Canada
Judgment Date
20 July 2018
Procedural Posture
Judicial Review Under S.18.1 Federal Courts Act / Federal Court Judgment
Outcome
Application allowed in part; impugned decision dated September 23, 2016 set aside; matter referred back to Council for eligibility assessment; no costs awarded.
Legal Topics
Income Assistance Program Eligibility, Suspension of Benefits, Funding Agreements and Compliance, Standard of Review, Moratorium on Development, Enforcement Powers of Band Council
Source Language
English
Administrative Law Indigenous Law Social Assistance Law Housing Law Income Assistance Program Eligibility Suspension of Benefits Funding Agreements and Compliance Standard of Review +2 more

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Parties

Vincent Daoust

Applicant

Mohawk Council of Kanesatake

Respondent

Procedural Posture

Judicial Review Under S.18.1 Federal Courts Act / Federal Court Judgment

Legal Issues

  1. 1 Whether the Council committed a reviewable error by suspending the Applicant’s income assistance benefits
  2. 2 Whether the IAP Manual and the funding Agreement permitted suspension of benefits for illegal occupation
  3. 3 Whether the Council could rely on its Moratorium to suspend social assistance benefits

Ratio Decidendi

The Council unreasonably suspended the Applicant’s IAP benefits because, under the Agreement the Council signed, the Social Programs – National Manual is binding and the Manual’s IAP eligibility criteria do not permit suspension of benefits on the basis of alleged illegal occupation or enforcement of the Moratorium; accordingly the September 23, 2016 suspension was set aside and the matter was referred back to the Council to assess the Applicant’s eligibility under the IAP from October 1, 2016 to the date of judgment.

Court Disposition

Application allowed in part; impugned decision dated September 23, 2016 set aside; matter referred back to Council for eligibility assessment; no costs awarded.

Orders

  • Set aside the decision suspending the Applicant’s income assistance benefits dated September 23, 2016.
  • Refer the matter back to the Mohawk Council of Kanesatake to assess the Applicant’s eligibility for Income Assistance Program benefits from October 1, 2016 up to the date of judgment in accordance with the applicable Social Programs – National Manual and program documentation issued by INAC.