GH v ALBERTA (SENIORS, COMMUNITY AND SOCIAL SERVICES), ALBERTA (JUSTICE)

The Applicant, GH, applied for a declaration that Alberta’s disability benefits eligibility process violates the Canadian Charter of Rights and Freedoms (the “Charter”). GH also applied for an Order requiring Alberta to reassess his eligibility for disability benefits pursuant to the Assured Income for the Severely Handicapped Act, SA 2006, c A-45.1 (“AISH”).

The Court held that GH did not meet the test to establish a breach of the Charter, and thus he was not entitled to a declaration or any other remedy. With respect to the second part of GH’s Application, Justice Dunlop held that GH was not entitled to an Order requiring reassessment of his eligibility for disability benefits because he did not properly apply for a judicial review.

Pursuant to Rule 3.15, an originating application for judicial review must be filed within six months of the decision. In response, GH argued that he was not seeking a judicial review, but rather, he was seeking a reconsideration of his eligibility for AISH as a remedy for breaches of the Charter. Thus, GH argued the six-month limitation in Rule 3.15 did not apply. Dunlop J. did not agree, finding that GH’s Originating Application was, in substance, an Application for judicial review and was not brought in time.