Saint-Bonheur v. Ontario (Community and Social Services), 2014 HRTO 824

Human Rights Tribunal of Ontario

B E T W E E N:

Salnave Saint-Bonheur Complainant

-and-

Ontario Human Rights Commission Commission

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community and Social Services Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel Date: June 5, 2014 Citation: 2014 HRTO 824 Indexed as: Saint-Bonheur v. Ontario (Community and Social Services)

1The complaint alleged discrimination because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), in the special diet allowance provided under Ontario's social assistance system.

Claims re. Chronic Constipation and Heartburn

2In a Case Assessment Direction dated April 3, 2014, the complainant was directed to provide material and submissions by May 16, 2014 in support of the remaining claims in the complaint: that is, in relation to chronic constipation and heartburn. The Case Assessment Direction advised that if the complainant did not provide these materials the claims would be dismissed as abandoned.

3The complainant has not filed any materials nor communicated with the Tribunal in any manner about the claims with respect to the above conditions. Accordingly, the complainant's claims with respect to chronic constipation and heartburn are dismissed as abandoned.

Claim with respect to hepatic disorder - hepatitis C

4In Martel v. Ontario (Community and Social Services), 2012 HRTO 735, upheld 2012 ONSC 6680, the Tribunal upheld lead case complaints relating to chronic Hepatitis C. In that decision, at para. 33, the Tribunal stated:

... those responsible for administering the Ontario Disability Support Program and Ontario Works shall provide special diet benefits for individuals with chronic hepatitis C in accordance with the Code principles set out in this Decision.

5By letter dated August 12, 2013, the complainant sought to challenge the Ministry's denial of benefits to the complainant for Hepatitis C. The reasons for the denial are unclear from the letter. By July 31, 2014, the respondent is directed to advise the Tribunal in writing, with a copy to the complainant, of the reason(s) for the denial of special diet benefits to the complainant for hepatitis C.

Claim with Respect to Cardiovascular disease

6Counsel for the legal clinics and the Ontario Human Rights Commission have advised the Tribunal that they do not plan to bring any lead cases with respect to the following condition:

• cardiovascular disease

7If the complainant wishes to pursue the claim in relation to this condition, the complainant must do the following:

1. Prepare a letter that explains why the claim in relation to this condition fits within the test set out in the Tribunal's special diet case law by answering the following questions:

   a. What are the modifications to a regular health diet required by the condition?

   b. If the condition is not on the special diet schedule, what evidence do you have to show that there is general recognition in the Ontario medical community that these modifications to a regular healthy diet should be made because of the condition?

   c. If the condition is not on the special diet schedule, on what basis do you allege, and what evidence will you use to show, that this modified diet leads to extra food costs as compared with a regular healthy diet for a person without the condition?

   d. If the condition is on the special diet schedule and you allege that the funding provided is significantly below the additional costs of the required modified diet, explain the basis of this claim and the evidence you will use to support it.

   e. Does the complainant already receive special diet funding for the required dietary modifications due to an overlapping condition?

2. Obtain materials (for example, letters from health care professionals, medical literature) that the complainant will use to support the claim.

3. Send the letter and a copy of the materials referred to above to the Tribunal's Registrar – Transition:

   Registrar – Transition Human Rights Tribunal of Ontario 655 Bay St., 14th Floor Toronto, Ontario M7A 2A3 Fax: 416-314-8743 E-mail: hrto.registrar-transition@ontario.ca

   and to counsel for the respondent:

   Robert Charney/Dan Guttman Ministry of the Attorney General Constitutional Law Branch 720 Bay Street, 4th Floor Toronto, Ontario M7A 2S9 Fax: 416-326-4015 E-mail: robert.charney@ontario.ca

ORDERS

8The complainant's claims with respect to chronic constipation and heartburn are dismissed as abandoned.

9By July 31, 2014, the respondent is directed to advise the Tribunal in writing, with a copy to the complainant, of the reason(s) for the denial of special diet benefits to the complainant for hepatitis C.

10If the complainant does not provide the materials directed above relating to the claim regarding cardiovascular disease by July 31, 2014, the claim with respect to cardiovascular disease will be dismissed as abandoned.