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ARTICLE · 05 APRIL 2011

Quebec (Attorney General) v Canada

In this case, the Supreme Court of Canada held that the federal government was not obligated to share in historical costs relating to two distinct social services that were provided by the province of Quebec under the "Canada Assistance Plan", RSC 1985, c C-1 ("CAP").

CanadaStrategy

2011 SCC 11 (Released March 3, 2011)

Social Law – Canada Assistance Plan – Cost-Sharing – Statutory Interpretation

In this case, the Supreme Court of Canada held that the federal government was not obligated to share in historical costs relating to two distinct social services that were provided by the province of Quebec under the Canada Assistance Plan, RSC 1985, c C-1 ("CAP"). CAP was repealed by the Budget Implementation Act, 1995, SC 1995, c 17, ss 31-32.

The Attorney General of Quebec challenged the federal government's refusal to share in the cost of: (1) social services provided in schools ("SSS") between 1973 and 1996; and (2) support services provided to persons with disabilities living in residential resources ("SSPD") between 1986 and 1996. Quebec argued that pursuant to the agreement that was signed with the federal government in 1967, the federal government was obligated to share in the costs of programs designated as "welfare services provided in

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