On June 12, 2024, the Income Security Advocacy Centre (ISAC) intervened in Ministry of Community and Social Services v. Robinson-Cooke at the Ontario Divisional Court. The case was about whether the strict training and accreditation requirements for the Ontario Disability Support Program’s Guide Dog Benefit are discriminatory, on the basis of disability, contrary to Ontario’s Human Rights Code.
Following a complaint that took over five years, the Human Rights Tribunal of Ontario ruled that the Guide Dog Benefit is discriminatory. The Tribunal reached this conclusion because the strict requirements for getting the $84 per month benefit make it very difficult for people with mental health disabilities to access the benefit. The Ontario government decided to challenge the Tribunal’s decision before the Divisional Court. You can read more about the Tribunal’s decision and the timeline leading up to the present Court case here and here.
ISAC intervened because this challenge will have potentially far-reaching implications on social assistance recipients living with intersecting and complex disabilities, who rely on guide dogs and other supports to survive. The Divisional Court’s decision will impact the way the Ontario government and the Social Benefits Tribunal assess eligibility for the Guide Dog Benefit. The decision may also affect access to meaningful human rights remedies for people living in poverty when they have suffered discrimination.
ISAC staff lawyers Adrian Merdzan and Robin Nobleman made submissions at the court hearing. ISAC’s submissions focused on how the purpose of social assistance legislation should inform the way the Guide Dog Benefit is administered, the legal test for discrimination under the Human Rights Code, and the Human Rights Tribunal’s ability to award systemic remedies to prevent future discrimination. ISAC is committed to ensuring that the human rights of low-income persons with disabilities are protected and that they have effective remedies when they are not.
The Divisional Court reserved its decision, meaning we will not know the result of the case until the court releases written reasons.
Our submissions can be found here in the Publications section of our website.