Nunavut drops legal appeal and will make all teens eligible for gov't aid
Last Updated: Thursday, April 30, 2009 | 6:49 PM CT
CBC News
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Nunavut teenagers who don't receive social assistance because of a legislative "black hole" will be eligible for government support after the territory decided not to appeal a court ruling that forced its hand on the matter.
The government has indicated its intention not to appeal the November 2006 decision by Nunavut Judge Beverley Browne, who ruled that a section of the territory's Child and Family Services Act was discriminatory.
"I think it's wonderful, and we are very pleased. It's a long time coming, but better late than never," Chris Debicki of the Maliiganik Tukisiiniakvik legal aid clinic told CBC News on Thursday.
"We hope it's a signal that the minister of health and social services is turning a new page."
Browne ruled that the act does not ensure access to shelter, food and proper care for 16- and 17-year-old youth who do not have a legal parent.
A section of the legislation leaves it up to the director of child and family services to decide whether to help clients in that age group.
In 2006, Debicki challenged the law on behalf of a young man who was 17 years old at the time.
The youth, who had lived in foster homes for much of his life, was a permanent ward until he turned 16 years old.
At that point, the teenager was too old for full child and family protection, but too young to qualify for adult programs like social assistance — putting him and other Nunavut teens in a legislative "black hole," Debicki argued.
"It's, I think, a recognition that there are a group of kids who find themselves in these kinds of dilemma," he said of Browne's ruling.
"The government will be required to step in when parents — for whatever reason — aren't there, step in and support these kids."
Browne ordered the government to amend the act, and the government appealed the decision soon after. The appeal was supposed to be argued later this year but was postponed.
In an email to CBC News, an official with the Health and Social Services Department said the government is dropping its appeal and is developing legislation to change the law.
The department will need to develop a Nunavut-based system of supports for this age group, the official added.
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