1075 Bay St, 7th Floor
Toronto Ontario
M5S 2B1
Fax 416-326-5135
Re: David Thomasson Social Benefits Tribunal Appeal SBT File # 0911-10187
Title:Thomasson Document 1 SBT File #0911-10187
Attention: The Registrar
Please accept this submission as part of my appeal, SBT file #0911-10187
I, David Thomasson, am a self-represented appellant appealing my recent ODSP suspension. I am making a Canadian Charter of Rights and Freedoms challenge against the Ontario Disability Support Program Act (ODSPA). My Social Benefits Tribunal appeal defense is that the legislated ODSPA quasi-judicial Director’s Decision and Internal Review Process violates my rights under the Canadian Charter of Rights and Freedoms sections 7, 11(d), 15(1)
I, David Thomasson, am innocent because the ODSPA Director’s Decision and Internal Review Process violates Thomasson’s Charter Right to Equality. Thomasson asks the Chair of the Social Benefits Tribunal to immediately overturn the Nov 24, 2009 Director’s Decision against Thomasson because the process used to make it is unconstitutional and violates Thomasson’s Charter Rights.
I, David Thomasson, am a passionate supporter of Universal Human Rights. I argue that to protect the human rights of any person we must protect the human rights of every person. The violation of some people’s Human Right to equality endangers every person’s human right to equality. I am not seeking compensation or tangible benefit of any kind as part of my Charter Challenge against the ODSPA. I am simply trying to protect the Human Rights of vulnerable disabled people. My Charter Challenge against the ODSPA is necessary only because the Dalton McGuinty’s Liberal Ontario Government refuses to immediately voluntarily end all ODSPA discrimination against Ontario’s Disabled people.
I, David Thomasson, am deliberately refusing to verify my income to ODSP in order to be a test case of the constitutionality of the ODSPA. I offer to resolve my Social Benefits Tribunal Appeal by providing complete income verification to ODSP immediately after receiving clear proof that the ODSPA is constitutional. However, without proof the ODSPA is constitutional I, David Thomasson, will continue opposing the ODSPA and champion the Charter Rights of Disabled People on ODSP.
I, David Thomasson, continue to make every reasonable effort to resolve my Charter Challenge against the ODSPA. I offer to immediately resolve my Social Benefits Tribunal appeal and pay $1,000 costs as soon as anyone, someone, clearly proves the ODSPA Director’s Decision and Internal Review punishment and prosecution process complies with the Canadian Charter of Rights and Freedoms. Despite my many letters, emails, voicemails, media articles, and internet articles to all levels of ODSP and the Ontario Government I cannot find anyone to defend the constitutionality of ODSPA. I am forced to conclude that the ODSPA violates my Charter Right to Equality. As a Citizen I am morally compelled to insist on full Equality for myself and all other Disabled People on ODSPA. I will persist until the ODSPA is struck down in Ontario Superior Court, or someone, anyone, even anonymously proves the ODSPA complies with the Canadian Charter of Rights and Freedoms.
I ask that the Ontario Government immediately voluntarily end all ODSPA discrimination against Ontario’s Disabled People.
I await the Ontario Government’s comprehensive defense of the constitutional legitimacy of the ODSPA.
I consider my Social Benefits Tribunal hearing a necessary preliminary step before filing my Charter Challenge in Ontario Superior Court. My purpose is to create a comprehensive record of proceedings to be used in Superior Court and prove the ODSPA is unconstitutional.
Please inform your legal staff of my Charter Defense and identify the lawyer representing the Director in my case.
Please specify with whom, and at which address, I must file copies of each document as my appeal proceeds. I request that receipt of each document be verified by a reply confirming it is now part of my appeal file. I insist all communications be only in writing to create a verifiable record. I do not have a fax machine.
Please schedule 1 full day to hear my Charter Challenge defence against the Director’s Decision to punish me.
Please provide a full recorded transcript of my SBT hearing.
Please allow the public and news media to attend my SBT hearing and publicly report what occurs.
Please specify all submission dates related to my Social Benefits Tribunal hearing.
I will file my Charter Challenge against the ODSPA in Ontario Superior Court immediately after receiving the Tribunal’s written decision on my appeal. I will contend my SBT hearing is clear proof that the legislated quasi-judicial ODSPA Director’s Decision and Internal Review Process violates my Charter Right to Equality. I will ask the Ontario Superior Court to immediately hear my Charter question rather than force me to repeat my entire defense at a SBT reconsideration hearing.
I am making a very public challenge to the ODSPA, using the news media, the internet, the political process, the quasi-judicial process, and the judicial process to publicly prove the ODSPA violates the Canadian Charter of Rights and Freedoms. Please see my website www.greendave.ca for more information. Please note that I continue to mock Premier McGuinty on www.greendave.ca as clear proof that my statements are not libellous so they must be true.
I offer to pay $1,000 costs and immediately submit to ODSPA authority as soon as someone, anyone, even anonymously clearly proves how the ODSPA fully complies with the Charter of Rights and Freedoms.
I am requesting certified genuine and complete copies of 3 files. These files are needed 1) as evidence to defend myself and 2) to prepare a comprehensive record of proceedings. The materials provided by ODSP will be submitted as part of the record of proceedings attached to the Charter Challenge Thomasson will file against the ODSPA in Ontario Superior Court immediately after receiving the Tribunal’s Decision on Thomasson’s Social Benefits Tribunal appeal. It is important that ODSP provide only certified genuine and complete copies of each file.
Please instruct the Director to immediately provide Thomasson with a certified genuine and complete copy of the ODSP file on the November 24, 2009 Director’s Decision against Thomasson re:112678651 made by Director Wenda Hodsdon. Please clearly explain how the Nov 24, 2009 Director’s Decision complies with ODSP Directive 13.1 Notice of Decision and Internal Review Process, and ODSP Directive 13.2 Appeals. Please clearly explain how the process used to make the Nov 24, 2009 Director’s Decision complies with the Canadian Charter of Rights and Freedoms.
Please instruct the Director to immediately provide Thomasson with a certified genuine and complete copy of the ODSP file on the December 7, 2009 Internal Review Decision against Thomasson re:112678651 made by Income Support Specialist Julie Langlois. Please clearly explain how the Dec 7, 2009 Internal Review Decision complies with ODSP Directive 13.1 Notice of Decision and Internal Review Process and ODSP Directive 13.2 Appeals. Please clearly explain how the process used to make the Dec 7, 2009 Innternal Review Decision complies with the Canadian Charter of Rights and Freedoms.
Please instruct The Director to immediately provide Thomasson with a certified genuine and complete copy of his entire ODSP file.Thomasson requires this information to properly prepare his Social Benefits Tribunal Appeal, and intends to submit it as evidence in his Ontario Superior Court Charter challenge against the ODSPA
It has been over 60 days since the Director first punished Thomasson, still the Director has provided none of the evidence used to convict Thomasson. It is very difficult to appeal a conviction without access to the evidence.
Please instruct the Director to immediately provide Thomasson with all evidence, files, communications, correspondence, and records relevant to Thomasson’s case. I need these materials in order to prepare a adequate defence against the Director’s Decision. Under the ODSPA I am required to provide reasons why the Director’s Decision is wrong, the burden of Reverse Onus, forces me to prove I am innocent, and makes obtaining all evidence in my case vital for a successful appeal. It is very difficult to prove a decision is wrong when all the evidence is withheld from the appellant.
Please immediately instruct “The Director” to fully answer Thomasson’s disclosure questions. Thomasson needs this information to properly prepare his complete Social Benefits Tribunal Appeal and Charter Challenge. The materials provided by ODSP will be submitted as part of the record of proceedings attached to the Charter Challenge Thomasson will file against the ODSPA in Ontario Superior Court immediately after receiving the Tribunal’s Decision on Thomasson’s Social Benefits Tribunal appeal.
I am using the Social Benefits Tribunal Appeal process to try and cause ODSP Staff and the Ontario Government to explain the constitutionality of each step in the ODSP Director’s Decision and Internal Review quasi-judicial process. Thomasson seeks to determine the constitutional validity of the ODSPA. Ideally someone, the Minister, the Ministry, the ODSP Director, the SBT Chair, the Attorney General’s Office, or Premier McGuinty will finally clearly explain how the ODSPA complies with the Charter.
Please advise the SBT Member and the Director’s Representative, and any other parties or legal representatives at Thomasson’s Tribunal Hearing that Thomasson will question them directly in order to determine the constitutionality of the ODSPA.
I will continue to publish everything about my case, including all government replies, on www.greendave.ca, to support my demand for a public Social Benefits Tribunal hearing and to expose the details of ODSPA discrimination against Ontario’s Disabled People. Throughout this project I will use the media, the internet, the ODSP process, the judicial process, and the political process to publicly expose and end all ODSPA discrimination against Ontario’s Disabled People. I sincerely offer to stop all my opposition to the ODSPA immediately if anyone, anywhere, proves the ODSPA is constitutional
I swear and affirm to use only peaceful and legal means to oppose ODSPA discrimination against Ontario’s Disabled people.
I offer to correct any factual errors in this document.
Please immediately confirm in writing that the Tribunal has received this submission.
Sincerely
David Thomasson
P.O. Box 187
St.Andrews West Ontario
K0C 2A0
www.greendave.ca