The Ontario Divisional Court granted the Income Security Advocacy Centre (ISAC) intervener status in Ministry of Community and Social Services v. Robinson-Cooke. This legal challenge concerns whether the strict training and accreditation requirements for the 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 Ontario government decided to challenge that 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.
ISAC sought intervener status because this challenge will have potentially far-reaching implications on social assistance recipients living with intersecting and complex disabilities, who rely on service 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 people living in poverty’s access to meaningful human rights remedies when they have suffered discrimination.
ISAC’s focus in the intervention will be to assist the Court on how to approach the purpose of social assistance legislation and the Guide Dog Benefit, the test for discrimination, and the Human Rights Tribunal’s ability to award public interest remedies. 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 date of the hearing is June 12, 2024.
Read the Divisional Court’s decision here. Our submissions have been posted to the Publications section of our website and can be found here.