No money for relocation for Little Bay Islands pair

Elderly couple denied provincial assistance because of time they spent away from community for medical reasons

LITTLE BAY ISLANDS — The Newfoundland and Labrador Supreme Court has ruled against an elderly couple from Little Bay Islands in their case against the provincial government.

Recently, Edwin and Vine Tucker were denied $260,000 in relocation money from the government because they didn’t meet resident requirements after leaving the Notre Dame Bay community in 2016 due to medical reasons.

It was recently announced residents of Little Bay Islands would be resettled and the provincial government would pay for their relocation.

Between June and October, in both 2016 and 2017, the Tuckers lived in Little Bay Islands, where they have resided for 80 years.

Due to the remoteness of their community and the chance they couldn’t get off the island in the winter months because of weather conditions, the couple's doctor recommended they live in St. John’s for the rest of the year. The couple received a letter from their physician confirming his recommendation.

The Tuckers lived 213 days in St. John’s and 153 days in their hometown, between February 2016 and January 2017.

It does not fit changes to the provincial government’s definition of a permanent community resident, found in the relocation policy adopted in 2016. These changes dictate a person is deemed a permanent resident if they live and sleep in the community year-round, 365 days per year.

A provision, however, says a person shall not lose their residency for medical reasons, substantiated by a doctor’s note, and satisfactory to the minister, in this case, Municipal Affairs Minister Derrick Bragg.

The application for permanent residency was first denied by the provincial government.

The Tuckers appealed that decision to the Newfoundland and Labrador Supreme Court.

The government’s decision cited a section of the policy that states a person who goes to a place outside Little Bay Islands for

more than six months ceases to be a permanent resident.

The court ruled in favour of the province.

“The minister’s reasons are logical, and based on a tenable interpretation of the policy and a clear appreciation of the facts presented in support of the appeal, and therefore clearly in the range of acceptable outcomes,” Justice Daniel Boone wrote in his decision.

The Tuckers could not be reached for comment.