Wood v. Director, Ontario Disability Support Program, 2010 HRTO 1979

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Brian Wood

Applicant

-and-

Director, Ontario Disability Support Program

Respondent

DECISION

Adjudicator: David A. Wright

Date: September 28, 2010

Citation: 2010 HRTO 1979

Indexed as: Wood v. Director, Ontario Disability Support Program

appearances

Brian Wood, Applicant ) Self-represented

Director, Ontario Disability Support Program, ) Arif Virani, Counsel

Respondent )

INTRODUCTION

1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended. The applicant alleges that Ontario Regulation 222/98 under the Ontario Disability Support Program Act, 1997, S.O. 1997, c. 25, schedule B, violates the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). Under s. 37(1) of the Regulation, income from other sources is deducted from the amount of Ontario Disability Support Program (“ODSP”) benefits to which a recipient is entitled, subject to certain exemptions. The applicant argues that this is discrimination on the basis of disability. In particular, he notes that employment earnings are subject to deduction at the rate of 50% (rather than the 100% for the Canada Pension Plan-Disability benefits he receives) and that there are exemptions for certain amounts of income from insurance annuities.

2A hearing by telephone was held on August 11, 2010. In a Case Assessment Direction prior to the hearing, the Tribunal indicated that it would deal first with the issue of whether there is differential treatment on a ground prohibited by the Code. The Tribunal heard argument from both parties, although the applicant hung up from the call before it was complete because he objected to the arguments being made by the respondent’s counsel.

DECISION

3The Application is dismissed.

ANALYSIS

4The Tribunal does not have the power to remedy general claims of unfairness in the delivery of government programs, programs that are benefits for people with disabilities. Rather, an applicant must show that there is discrimination based upon a prohibited ground within the meaning of the Code.

5The applicant alleges discrimination in services contrary to s. 1 of the Code, which reads as follows:

Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability.

6The applicant argues that employment earnings by individuals receiving ODSP benefits are treated differently from his Canada Pension Plan Disability (“CPP-D”) benefits. He says this is discrimination on the basis of disability because he is blind and an amputee.

7All persons receiving ODSP are, by definition, persons with disabilities. To show that he has been discriminated against contrary to s. 1, the applicant must identify a way in which the standard he challenges – the differential treatment of employment income from CPP-D benefits – has a differential impact on him as compared with persons with other disabilities or without disabilities. He has not done so. The applicant has not shown differential treatment on the ground of disability and therefore has not shown discrimination within the meaning of the Code.

8Therefore, the Application must be dismissed.