Hughes v. Canada
T-37-94
Reed J.
20/6/94
9 pp.
Motion to strike statement of claim for failing to disclose cause of action -- Statement of claim seeking to require Prince Edward Island to comply with Canada Health Act -- Hospital and Health Services Commission denying payment of any claims for health care rendered to plaintiff's daughter because latter not having social insurance number -- Plaintiff refusing to have social insurance numbers issued to children for purposes of health care administration -- Asserting no federal legislation mandating use of SIN for that purpose[cad 211]Objecting to use for unauthorized purposes -- Plaintiff required to pay for health care services provided to her children for which not reimbursed -- Canada Health Act providing health care insurance plan of province must entitle one hundred per cent of insured persons of province to insured health services -- Must provide for insured health services on uniform terms and conditions and on basis not impeding or precluding either directly or indirectly reasonable access to those services -- Plaintiff asserting Minister refusing to pursue default proceedings in ss. 14 to 17 -- Seeking (1) declaration payments by Minister of Finance to province with respect to Canada Health Act illegal, (2) injunction prohibiting Minister of Finance from making payments to province of PEI until Health Services Payment Act amended, (3) declaration health services plan of province failing to comply with universality, accessibility, comprehensiveness conditions set out in Canada Health Act, (4) declaration provisions of Health Services Payment Act, allowing physician who is not provided by patient with SIN number, to charge patient directly and authorizing non-payment by commission of those amounts to patient, unconstitutional -- Application dismissed, except as to fourth relief -- Finlay v. Canada (Minister of Finance), [1986] 2 S.C.R. 607 and Finlay v. Canada (Minister of Finance), [1993] 1 S.C.R. 1080 applied to find justiciable issue, claim within Court's jurisdiction -- Although doubtful Minister of Finance paying amounts in question, relevant provisions not struck as not argued -- As to whether injunctions available against Crown, Crown Liability and Proceedings Act, s. 22(2), stating injunctions shall not be issued against Crown servants when Court not competent to grant injunction against Crown, only applies to proceedings against Crown under Federal Court Act, s. 17 -- On application for judicial review Federal Court Act, s. 18 giving Trial Division jurisdiction to grant injunction against federal board, commission or other tribunal -- Application for judicial review can be converted to action -- Had action been framed as judicial review, injunction available -- S. 22(2) codifying existing law -- Cases establishing injunctions may be issued against Crown servants when acting outside statutory authority because personally responsible for those actions -- Fourth relief sought struck out as solely against non-party -- Validity of provincial legislation not linked to remedies sought against federal Crown or Minister, but independent and separate claim -- Claim against provincial government alleging administration of health care system contrary to Charter properly against Government of Prince Edward Island in Supreme Court of Prince Edward Island -- Canada Health Act, R.S.C., 1985, c. C-6, ss. 9, 10, 12, 14, 15, 16, 17 -- Crown Liability and Proceedings Act, R.S.C., 1985, c. C-50 (as am. by S.C. 1990, c. 8, s. 21), s. 22(2) (as am. idem, s. 28) -- Federal Court Act, R.S.C., 1985, c. F-7, ss. 17 (as am. by S.C. 1990, c. 8, s. 3), 18 (as am. idem, s. 4) -- Health Services Payment Act, R.S.P.E.I. 1988, c. H-2.