Respected MPPs, here is the revised ODSP Director’s Discrimination Proof that I am submitting to the Social Benefits Tribunal today. I made only minor changes.
To: The Registrar
Social Benefits Tribunal
1075 Bay St 7th floor
Toronto Ontario
M5S 2B1
March 3, 2010
Registrar: Please accept this submission as part of my appeal. SBT Appeal file # 0911-10187
Title: Thomasson Document 2 ODSPA Director’s Decision Discrimination Proof SBT File # 0911-10187
Premier Dalton McGuinty’s Liberal Ontario Government via the Ontario Disability Support Program Act (ODSPA) is the single largest source of discrimination against Ontario’s Disabled People. The ODSPA 1997 legislated systemic discrimination against Disabled People on the Ontario Disability Support Program (ODSP). Every ODSPA prescribed barrier and restriction that applies only to Disabled People on ODSP is discrimination because of medical disability. Every aspect of ODSPA discrimination is a political choice prescribed by the Ontario Government. Dalton McGuinty’s Liberal Government is fully accountable for ongoing ODSPA discrimination.
The ODSPA Section 1 (c) & (d) states: “The purpose of this Act is to establish a program that, (c) effectively serves persons with disabilities who need assistance, and (d) is accountable to the taxpayers of Ontario.”
I, David Thomasson, a Disabled Person on ODSP, a Ontario Taxpayer and a Canadian Citizen, Challenge Premier Dalton McGuinty and his Liberal Ontario Government to publicly prove the ODSPA fully complies with the Canadian Charter of Rights and Freedoms or immediately end all ODSP Discrimination against Ontario’s Disabled People www.greendave.ca Prove Me Wrong, Dalton Can’t! The ODSPA violates the Charter and discriminates against Ontario’s Disabled People.
Premier Dalton McGuinty’s Liberal Ontario Government is actively enforcing ODSPA discrimination and deliberately violating the Charter Rights [Sections 7, 11(d), 15(1),] of Ontario’s Disabled People on ODSP. ODSP staff use the delegated power of Minister Madeline Meilleur, the Minister of Community and Social Services, to violate the Charter Rights of Ontario’s Disabled People on ODSP. The ODSP can only operate with the deliberately delegated power of Dalton McGuinty’s Liberal Ontario Government. The Choice and Responsibility to immediately end all ODSPA discrimination lies solely in the hands of Dalton McGuinty’s Liberals. Urgent Political Action is needed to immediately end all ODSPA Discrimination against Ontario’s Disabled People.
I continue to mock Premier Dalton Chicken McGuinty on my website www.greendave.ca My statements are not slander or libel so they must be true. I will immediately stop mocking Premier Dalton Chicken McGuinty as soon as someone, anyone prove the ODSPA fully complies with the Charter.
The only essential criteria to be on the Ontario Disability Support Program is that the Ontario Government must agree the person is medically disabled. Under the ODSPA only a medical professional can verify a person is ‘a person with a disability’ [ODSPA Sched B, Section 3.1; ODSPA Sched B, Section 4.(1), (a) & (c); ODSPA part VII section 46.(1).]
Financial need is a secondary and somewhat flexible ODSP eligibility criteria. The ODSPA exempts significant income and assets from ODSP financial eligibility decisions. The ODSPA sections 41-43 prescribes over 4 pages of income exemptions. ODSPA Asset exemptions allow a Disabled Person to financially qualify for ODSP even though his/her total real assets exceed ODSP limits. The ODSPA Part IV Sec 27 & 28 prescribes over 20 categories of exempt assets. A Disabled Person can possess up to $100,000 of exempt real assets and still qualify for ODSP.
Every barrier and restriction that applies only to verified medically disabled people on ODSP is discrimination solely because of medical disability, not financial need.
The ODSPA legislated a Quasi-Judicial Reverse Onus Director’s Decision conviction, punishment and appeal process that violates the Charter Rights of every Disabled Person punished under the ODSPA. The Disabled Person must immediately use the Quasi-Judicial appeal process despite violations of his/her Charter Rights by the Quasi-Judicial ODSPA process. The Quasi-Judicial ODSPA process convicts and punishes disabled people using the force of law without obeying the rule of law. The Quasi-Judicial ODSPA process does not obey the rules and responsibilities of the Ontario Superior Court, nor the Statutory Powers Procedure Act. ODSPA Director’s Decision conviction and punishment decisions proceed on a negative option basis. If at any point a disabled person fails to appeal a Director’s Decision, the Director’s Decision quickly becomes final with the force of a decision by the Ontario Superior Court and cannot be appealed further. ODSP Bureaucrats exercise the force of law without obeying the rule of law. Prove Me Wrong! Dalton Can’t www.greendave.ca
The ODSPA empowers the Director and delegated staff to use statutory power of decision to judge, convict, and punish a disabled ODSP recipient with the force of law without obeying the rule of law.
The Statutory Powers Procedure Act Section 1 Interpretation states:
“1. (1) In this Act,
’statutory power of decision’ means a power or right, conferred by or under a statute, to make a decision deciding or prescribing,
(a) the legal rights, powers, privileges, immunities, duties or liabilities of any person or party, or
(b) the eligibility of any person to receive, or to the continuation of, a benefitor license, whether the person is legally entitled thereto or not.”
The ODSPA never allows a Disabled Person to defend as innocent, nor have a public hearing. The initial ODSP Director’s Decision changes the Disabled Person from a innocent defendent to a guilty appellant burdened by Reverse Onus. The Disabled Person cannot defend against ODSP charges until after judged guilty by a ODSP Director’s Decision and informed by Notice of Decision. The ODSPA denies Disabled People the basic right to publicly defend as innocent until proven guilty.
The Disabled Person is always wrongly convicted by the ODSP Director’s Decision before he/she is allowed to defend against ODSP accusations. The punishment decided on by the Director begins immediately and continues while the Disabled Person appeals the Director’s Decision. Prove Me Wrong! Dalton Can’t www.greendave.ca
The ODSPA Director’s Decision and Internal Review process obstructs appeals by withholding essential information from the Disabled Appellant. The Director is not required to provide the Disabled Appellant with the evidence, transcript, or complete file of the Director’s case against the Disabled Person despite the Internal Review requirement that the Disabled Appellant must provide reasons to prove the Director wrong or lose the Internal Review Appeal and be forced to appeal to the Social Benefits Tribunal or accept the Director’s Decision as final. Prove Me Wrong! Dalton Can’t www.greendave.ca
The Disabled Appellant must apply for a Internal Review and then apply for a Social Benefits Tribunal Hearing without full disclosure of the ODSP Director’s case against him/her. The Disabled Person must appeal as a guilty appellant and provide reasons to disprove the Director’s Decision before the Director provides the evidence used to convict the Disabled Person. Prove Me Wrong! Dalton Can’t www.greendave.ca
ODSP staff release very little information about the case and evidence used to convict the Disabled Person, prior to receiving the Social Benefit Tribunal’s (SBT) request for the Director’s written submission after the Disabled Person has already appealed to the SBT.
ODSP Appeals Directive 13.2 pg 6 “Written Submissions: The Director’s written submission must be filed no later than thirty calendar days following the receipt of a copy of the Notice of Appeal and request for a written submission from the SBT (Social Benefits Tribunal). They are deemed to be received three working days after
mailing.”
The initial ODSP Director’s Decision against the Disabled ODSP Recipient is made by a vague closed door process. The Disabled Person cannot attend or be represented at the first “Director’s Decision”. The ODSPA Director’s Decision process excludes the Disabled Person, the defendant’s lawyer, defense witnesses, the news media and the public. ODSP staff use the Quasi-Judicial Administrative Review process to judge the disabled person in absentia, in secret, without independent observers and without a recorded transcript. The Internal Review process repeats these barriers with the exception that the defendant’s representative can attend the Internal Review. The ODSPA quasi-judicial Director’s Decision and Internal Review prosecution and punishment process exercises the force of law without obeying the rule of law. Prove Me Wrong! Dalton Can’t www.greendave.ca
The ODSPA quasi-judicial Director’s Decision prosecution and punishment process denies Disabled People:
- the right to notice of charges before conviction
- the right to counsel before conviction
- the right to defend before conviction
- the right to plead innocent before conviction
- the right to examine and cross-examine witnesses and evidence before conviction
- the right to a public hearing before conviction
Prove Me Wrong! Dalton Can’t www.greendave.ca
The ODSP Director’s Decision can punish a disabled person retroactively.
The ODSPA Schedule B Section 20 (1) “When Decision takes effect” states: ” 20.(1) A decision of the Director shall be effective from the date fixed by the Director, whether it is before, on or after the date of the decision.”
Neither the ODSPA nor ODSP Directive 13.1 Notice of Decision and Internal Review Process nor ODSP Directive 13.2 Appeals specify fairness standards for protecting the Human Rights of the Disabled Defendant when making a Director’s Decision. Apparently it is up to individual staff to decide for themselves what is a fair way to determine a Director’s Decision.
ODSP Directive 13.2 p2 “Standards:Appropriate documentation must be on file demonstrating that the decision is consistent with legislation and regulations; Decisions must be made in a fair and consistent manner, clearly related to eligibility. An applicant/recipient must be provided with written notice of any decision affecting eligibility for or the amount of income support. The notice must provide reasons for the decision and advise of the availability of an internal review and the subsequent right to appeal to the SBT.”
ODSP Notice of Decision and Internal Review Process Directive 13.1 pg1 “Intent of Policy” does not specify fairness or due process as a intent of the ODSP Director’s Decision and Internal Review process. Nor does Directive 13.1 specify how the rights of the Disabled Person are protected during the Director’s Decision process.
ODSP Directive 13.1 pg1 “Intent of Policy: To ensure that applicants/recipients receive clear written notice of decisions made including the Internal Review process. Internal Reviews are intended to provide a timely review of the original decision in an effort to resolve issues at the local level before appeals to the Social Benefits Tribunal (SBT) are launched.”
The “Director” is not just a single senior manager. The “Director” is also a class of ODSP staff. The Director, appointed by the Minister, administers and enforces the ODSPA by delegating power to ODSP staff. ODSP staff across Ontario exercise the power of the Ontario Government to enforce the OSDPA. The ODSPA gives the Director and delegated staff the power to investigate, judge, convict, and punish a Disabled ODSP Recipient before informing him/her of ODSP charges and evidence against the disabled person.
ODSPA Schedule B Section 37. (1)-(4) states: “37.(1) The Director shall exercise the powers and duties conferred or imposed by this Act and the Regulations.
(2) If the Director is absent or unable to act or the office of the Director is vacant, the employee of the Ministry designated by the Minister has and shall exercise the powers and duties of the Director.
(3) The Director, may, in writing, authorize a person or class of persons to exercise any of the powers of duties of the Director under his/her supervision and direction.
(4) A decision made by a person exercising the Director’s powers or duties under subsection (3) shall be deemed to be a decision of the Director.”
Unless immediately appealed ODSP Director’s Decisions and Internal Review Decisions are final and equal in force of law to decisions by the Ontario Superior Court. The prescribed ODSP process does not obey the rules and responsibilities of the Ontario Superior Court, nor the Statutory Powers Procedure Act. For example the initial Director’s Decision is made without allowing any form of defence by the disabled person.
The ODSPA Schedule B, Section 16.(2) & (3) states:
“16.(2) A decision determining that an overpayment exists shall be final and enforceable against the Recipient as if it were an order of the Ontario Court (General Division)…”
“16.(3) … The Decision of the Tribunal shall be final and enforceable against the recipient as if it were an order of the Ontario Court (General Division).”
The Ontario Court (General Division) was renamed the Ontario Superior Court of Justice on April 19, 1999.
The ODSPA “Notice of Decision” is vital information. Only the Notice of Decision informs the Disabled Person that he/she has been convicted under the ODSPA by an appealable Decision of the Director. The 30 calendar day deadline to apply for an Internal Review to appeal the Director’s Decision starts automatically when the Notice of Decision is deemed received.
The ODSPA section 19 states:” The Director shall give notice to the applicant or recipient of a decision that may be appealed and the notice shall advise the applicant or recipient that he or she may request an internal review of it.”
Directive 13.1 p1-2 “Written Notice of Decisions: All decisions affecting eligibility for or the amount of income support must be communicated in writing providing the following information: the decision; the effective date of the decision; the legislative authority for the decision;reasons for the decision; the right to request an internal review and the timeframe for requesting it; where applicable, the subsequent right to appeal to SBT”
The Director is not required to confirm delivery of the Notice of Decision to the Disabled Person. The Director is only required to mail the Notice of Decision. The Notice of Decision is deemed received 3 days after the date of mailing.
The ODSPA Section 56.(1) states:”A Notice under section 19 of the Act shall be in writing and shall be delivered to the applicant or recipient personally or by prepaid mail to the individual’s last known address.”
The ODSPA Schedule B Section 50 states:”If notice is given by ordinary mail it shall be deemed received on the Third Day following the date of mailing.”
ODSP Standard Practice is to mail the Director’s Decision and Internal Review Decision. ODSPA appeal deadlines begin automatically when the Notice is deemed received.
Directive 13.1 p2 “Written Notice of Decision: Under the ODSP Act, notices are deemed to be received three working days after
mailing. It is assumed that correspondence is mailed on the day after it is dated.”
The ODSPA Section 58 states: ” The prescribed time for requesting an Internal Review is 30 days from the day the Decision is received or deemed to have been received under Section 50 of the Act.”
The ODSPA Section 20.(3)(a),(b) states: “20.(3) A Director’s Decision is final
(a) when the prescribed time for requesting an internal review expires, if no internal review is requested within that time; or
(b) on the earlier of the day the prescribed time for requesting an internal review expires and the day the internal review is completed, if an internal review has been requested.”
The Disabled Person must immediately appeal the Director’s Decision by requesting an Internal Review of the Decision before the 30 calendar day appeal deadline expires or else the Director’s Decision is final and cannot be appealed.
The ODSPA Schedule B Section 22.(1): “No appeal may be commenced unless an internal review has been requested.”
Directive 13.2 Appeals pg1″Summary of Policy: No appeal to the Social Benefits Tribunal may be commenced by an applicant or recipient unless an internal review has been requested and completed, or has been requested and the time period for the review has elapsed. An appeal should be made within the prescribed period after an internal review.”
The Disabled Appellant’s Internal Review appeal application must provide reasons against the Director’s Decision yet ODSP does not fully disclose the evidence used to convict the Disabled Person until after the Internal Review has been completed and the Disabled Person has been approved for a Social Benefits Tribunal hearing at which the Disabled Person must defend as a guilty appellant under the burden of Reverse Onus.
The Internal Review Decision process is an “informal administrative process” that exercises the force of law without obeying the rule of law.
The ODSPA Schedule B Section 22.(4) states: “The Statutory Powers Procedure Act does not apply to an internal review.” The ODSPA does not specify alternative standards to protect the rights of the Disabled Appellant.
Directive 13.2 pg2 “Intent of Policy: To provide an applicant/recipient with the opportunity to appeal decisions affecting eligibility for or the amount of income support (e.g. decisions to suspend, cancel, reduce or deny income support). To ensure that the appeal process is consistent with the legislation, regulations and policy direction.” Significantly there is no reference to fairness, due process, the SPPA, the rule of law, or protecting the Disabled Person’s Rights during the Internal Review.
Directive 13.1 pg4 Internal Review: “The internal review is an informal, administrative process”.
The Internal Review Decision is vital information for the Disabled Person. Only the Internal Review Decision informs the Disabled Person that he/she has lost his/her Internal Review Appeal and must appeal to the Social Benefits Tribunal within 30 days or the Director’s Decision is final and cannot be appealed. Standard ODSP practice is to mail the Internal Review Decision, it is deemed received after 3 days. The 30 Day SBT appeal deadline begins automatically.
The ODSPA section 59.(1) states: “The prescribed time for completing an internal review is 10 days from the day the Director receives the request for the internal review.”
The ODSPA Section 60.(1) states: ” A decision made on an Internal Review shall be in writing and shall be delivered personally…or sent by regular mail to his or her last known address.”
ODSP Directive 13.1 pg 2 “request for internal review An applicant/recipient must request the internal review, in writing, within thirty (30)calendar days from the day the decision is received. The ODSP Act deems that notice is received three days after mailing.”
ODSP Directive 13.1 pg1 ” Application of Policy: Standards: All decisions can be subject to internal review; All information used in the Internal Review process must be kept on file; All decisions and reasons must be documented”ODSP Directive 13.1 Internal Review pg1 “Standards: There are three required time frames relevant to the internal review process:the applicant/recipient must request the internal review within thirty calendar days of receiving the written notice of decision; the ODSP office has ten calendar days to complete the internal review and issue its decision, and; the applicant/recipient has thirty calendar days from receiving the internal review
decision to launch an appeal to the SBT.”
Directive 13.1 pg3 “The Internal Review: By policy, the reviewer must be authorized to conduct internal reviews and must have the same or higher level of decision-making authority as the original decision-maker. …Staff conducting the internal review must: document the internal review process; examine the case file; where appropriate, communicate directly with the client in effort to obtain any additional information which may resolve issues at this stage; examine the original decision to determine if it was: the appropriate decision based on all relevant facts (including additional information that the applicant/recipient may provide during the internal review process); consistent with legislation, regulations and policy directives; make a decision to confirm, overturn or vary the original decision and clearly summarize the reason(s) for arriving at that decision; provide the applicant/recipient with written notice of the internal review decision,including information on appeals to the Social Benefits Tribunal within the prescribed timeframes.”
The Internal Review Decision exercises the force of law against the Disabled Person. The Director is not required to verify delivery of the Internal Review Decision to the Disabled Person. The Director is only required to mail the Internal Review Decision. The ODSPA quasi-judicial appeal process allows the SBT appeal deadline to expire and the Decision to become final without first verfiying the Disabled Person received the Internal Review Decision.
The Internal Review Appeal Decision is final and equal in force of law to a decision by the Ontario Superior Court unless quickly appealed to the Social Benefits Tribunal. The Internal Review Appeal process does not obey the rules and responsibilities of the SPPA nor the Ontario Superior Court. The Internal Review Appeal process exercises the force of law without obeying the rule of law.
At the Social Benfits Tribunal the ODSPA Reverse Onus clause denies the Disabled Person the presumption of innocence and the benefit of reasonable doubt.
The ODSPA Section 23(10) states: “The onus lies on the appellant to satisfy the Tribunal that the Decision of the Director is wrong.”
Directive 13.2 pg6 Onus “It is the appellant’s responsibility to satisfy the SBT that the decision of the Director is wrong.”
The Social Benefits Tribunal submission process is biased against the Disabled Appellant. ODSPA section 65.(2) legislates inequality that impedes the Appellant’s defense and favors the Director.
ODSPA”Section 65.(2)… A party who intends to produce written or documentary evidence or written submissions…at an oral hearing shall provide copies of that evidence or those submissions to the other parties and the Tribunal(a) In the case of the appellant [defendent] at least 20 days before the hearing:
(b) In the case of the Director and any other parties at least 10 days before the hearing.”
Directive 13.2 pg7 “If the Appellant intends to introduce written or documentary evidence at a hearing, the materials should be provided to all other parties and to the Tribunal at least twenty
calendar days before the hearing. The Director must provide the Tribunal and any other parties any supplementary
submissions or response to the appellant’s written submission/evidence at least ten
calendar days before the hearing.”
The ODSPA compells the Disabled Appellant to defend in a private hearing, even if the Disabled Appellant requests a public hearing.
The Ontario Works Act, Section 66(1) governs the proceedings of the Social Benefits Tribunal. Section 66.(1) states “Despite the Statutory Powers Procedure Act all hearings of the Tribunal shall be heard in private.”
The ODSPA Director’s Decision process violates each Disabled Person’s human right under sections 7,11, and 15 of the Canadian Charter of Rights and Freedoms.
I, David Thomasson, offer to withdraw my appeal and fully submit to the authority of the ODSPA as soon as one person, any person, even anonymously, proves the ODSPA fully complies with the Canadian Charter of Rights and Freedoms. Until then I shall continue to oppose ODSPA Discrimination against Disabled People by every possible peaceful, legal and political method. My Charter Challenge against the ODSPA is only necessary because Premier Dalton McGuinty and his Liberal Ontario Government refuse to voluntarily end all ODSPA Discrimination against disabled people. www.greendave.ca
I offer to correct any factual errors in this document and will immediately apologize to Premier Dalton Chicken McGuinty as soon as he publicly proves me wrong.
Please note I am submitting this material to the Social Benefits Tribunal as my current defence while retaining the right to revise and improve it once I am finally provided with the complete evidence of my conviction by the Director. Ultimately my SBT appeal will be the template for my Charter Challenge against the ODSPA in Ontario Superior Court.
Sincerely
David Thomasson
P.O. Box 187
St. Andrews West
Ontario
K0C 2A0
www.greendave.ca