Simon judicial review granted, Minister's decision set aside

On November 4, 2013 the Federal Court handed down its decision in Simon et al. v. Attorney General of Canada. Burchells LLP lawyers Naiomi Metallic and Jason Cooke argued the application on June 19, 2013, on behalf of Chief Jesse Simon, Elsipogtog and other New Brunswick, Prince Edward Island and Nova Scotia First Nations.

The Court accepted our clients' position. By failing to incorporate a study of impacts on those affected, the Federal Government's unilateral 2011 decision to change the social assistance regime for Aboriginal Peoples living on Atlantic Canadian reserves was unreasonable. Procedural fairness required the government to consult in advance with First Nations. In the absence of consultation the government's decision was overturned.

Click here for a full summary of the Simon decision.

Burchells takes pride in obtaining results like these for our clients, furthering issues of social and Aboriginal justice, and in courageous lawyers like Naiomi and Jason.