The appellants, who are addicted to alcohol, were denied income support under the Ontario Disability Support Program Act (ODSPA) because s. 5(2) excludes individuals whose only substantial impairment is substance dependence.
They appealed to the Social Benefits Tribunal, arguing the exclusion violated the Human Rights Code.
The Tribunal and the Divisional Court held the Tribunal lacked jurisdiction to apply the Code.
The Court of Appeal found that while the Tribunal does have jurisdiction to decide questions of law and apply the Code, the human rights process is the more appropriate forum for this dispute.
The appeal was dismissed.
