I, David Thomasson, have started a new Charter Challenge against the ODSP Act. July 19/10 I received a July 15/10 letter from Cornwall ODSP Income Support Specialist Dan Belanger demanding I verify my 2008 Farm Income by Sept 30/10 or lose my ODSP benefits.
I/Thomasson refuse to verify my Farm Income to ODSP until someone, anyone, even anonymously, proves the ODSP Act fully complies with the Charter.
I/Thomasson Triple Dare Premier Dalton Chicken McGuinty to punish me and make me a Charter Test Case, or immediately stop all ODSP Act discrimination against Ontario’s Disabled People.
I/Thomasson argue the first step in the ODSP Act quasi-judicial prosecution process, the ODSP Director’s Decision determining a disabled person has violated the ODSP Act, violates the Disabled Person’s Charter Right to Equality (innocent until proven guilty, etc).
ODSP cannot punish me/Thomasson without the Ontario Government intentionally violating my Charter Right to Equality.
I/Thomasson figure Premier Dalton Chicken McGuinty is a Coward who won’t publicly defend the ODSP Act his Liberal Ontario Government enforces against Ontario’s Disabled People.
I/Thomasson figure Dalton is a Bully deliberately using massive Government power to persecute vulnerable disabled people even though he knows it’s wrong.
I/Thomasson figure Dalton is a Chicken because he is afraid to stop ODSP Discrimination and take responsibility for his policy decisions.
So, now Premier Dalton Chicken McGuinty must choose to violate or respect my/Thomasson’s Charter Rights. If Dalton Chickens out and refuses to punish me/Thomasson it proves Thomasson has blocked ODSP quasi-judicial prosecution. If ODSP does punish Thomasson I will press my ODSP Charter Challenge to a real court and prove the ODSP Act violates the Charter.
My/Thomasson’s last ODSP Charter Challenge ended when I was found innocent by the SBT (Social Benefits Tribunal). So I am starting all over again with basically the same Charter argument and one new important point.
I/Thomasson now argue the Ontario Government has a Constitutional Obligation to accommodate me by refering my case to a venue (Ontario Superior Court) that can hear my ODSP Charter Challenge Defense. If/When my ODSP Charter Challenge is heard by a Court that can rule on it I/Thomasson will easily win.
Under current legislation the SBT can listen to Thomasson’s correct Charter Challenge Defense but cannot officially “hear” Thomasson’s Charter Defense. It is a kind of deliberate deafness that allows ODSP to ignore the Charter and discriminate against Disabled People without ever officially “hearing” a Charter Defense.
So, I/Thomasson am guilty of violating the ODSP Act by refusing to verify my Farm Income, and I/Thomasson am innocent because the ODSP Act violates the Charter.
The Catch-22 is that ODSP and the SBT can listen to my Charter Defense but cannot “hear” my Charter Defense and must convict me as if I had made no defense at all. However, if the adjudicating body could “hear” my/Thomasson’s Charter Defense I/Thomasson would certainly be found innocent because the ODSP Act violates the Charter.
We know Thomasson’s ODSP Charter Challenge is correct because no one has proved Thomasson wrong for 1,282 days. So the Ontario Government has a duty to accommodate Thomasson’s legitimate Charter Challenge Defense by sending Thomasson’s case to a adjudicator with the authority to hear Thomasson’s Charter Defense. Otherwise the SBT will certainly ignore Thomasson’s Charter Defense and convict him without regard for Thomasson’s Charter Rights.
I will deliver my formal refusal to verify my income to the Cornwall ODSP office thursday July 22, the “Director” must make the “Director’s Decision” within 10 days. Any “Director’s Decision” to convict me/Thomasson of violating the ODSP Act will automatically violate my/Thomasson’s Charter Right to Equality.
So what will it be Dalton? Are you going to block my ODSP conviction and stonewall my/Thomasson’s Charter Challenge or will the Ontario Government deliberately violate my Charter Rights simply because I am a medically disabled person on ODSP.
The only other option is to immediately stop all ODSP Act Discrimination against Ontario’s Disabled People and avoid creating a Charter Test Case against the ODSP Act. The first step is a simple Cabinet order to immediately suspend all ODSP Director’s Decision prosecutions.
Dalton please stop Chickening Out, do the right thing and immediately stop all ODSP Act discrimination against Ontario’s Disabled People.
I/Thomasson formally offer to completely submit to the ODSP Act and pay $1,000 costs as soon as someone, anyone, even anonymously proves the ODSP Act fully complies with the Charter. No one has answered my Challenge for 1,282 days. Since no one can prove the ODSP Act complies with the Charter we can be certain the ODSP Act violates the Charter and discriminates against Ontario’s Disabled People.
As you read this ODSP is discriminating against some of your Disable Constituents. Prove Me Wrong, Dalton Can’t.
Sincerely David Thomasson