Be the first person to prove the ODSP Act does not
violate the Charter and the Code and I'll pay you $1,000.00. To prove me
wrong you must clearly explain how the ODSP Act 1997 fully complies with
the Charter and the Code.
Letters of Support from
MPP Jim Brownell to
July 23, 2003
Mr. Dalton McGuinty, M.P.P.,
Room 381,
Legislative Building, Queen's park,
Toronto, Ontario.
M7A 1A4
Dear Mr. McGuinty:
On April 17, 2003, you wrote to me concerning a letter I had forwarded
to you on behalf of Mr. David Thomasson, a resident of the riding of
Stormont, Dundas and Charlottenburgh. In your letter, you indicated
that you would take Mr. Thomasson's case under advisement, and that
you would forward a copy of my letter to Mr. Ernie Parsons, Member of
Provincial Parliament.
As of this date, has your office had the opportunity to investigate
Mr. Thomasson's commitment in having the Government of Ontario end all
Ontario Disability Support Program (ODSP) discrimination against disabled
people? Mr. Thomasson seeks help in proving that the Harris/Eves government
"...deliberately created and actively enforces systematic ODSP
human and civil rights violations against disabled people. "Mr.
Thomasson's plea to the Liberal Party of Ontario indicates that, "The
Eves government continues to choose to use ODSP to actively and vigorously
discriminate against disabled people''. These are words taken directly
from his submission to M.P.P. Brenda Elliott, Minister of Community,
Family & Children's Services, on July 7,2003.
Mr. Thomasson has information from Minster Elliott, dated January 13,
2003, giving him permission to claim farm workers as an ODSP approved
business expense, only if they are paid with a subsidy. Having not been
approved for a subsidy, but having some farm revenues, he has asked
the Minister to allow him to hire farm workers, pay them with revenues
from the farm, and claim them as an ODSP approved business expense.
As in the past, labour shortages on his farm are causing Mr. Thomasson
to lose current and future sales. He has a strong desire to make his
farm self-sustaining, and his wish is to pay his own way, -to exit ODSP
within 12-24 months. Mr. Thomasson has indicated, time and time again,
that ODSP discrimination prevents him from developing his farm and supporting
himself. Mr. Thomasson is looking for a government/party to investigate
his case, and prove him wrong. To this date, nobody has proved Mr. Thomasson
wrong.
I do understand that your office has much information on file, concerning
Mr. Thomasson's case. Having copied him the letter you sent to me on
April 17,2003, indicating that you would take his case under advisement,
Mr. Thomasson continues to seek help and guidance from the Liberal Party.
I do hope that your office will take, if it has not already done so,
Mr. Thomasson's case under study and prove Mr. Thomasson right or wrong.
I do know that our party and its new government will work to ensure
that all Ontarians with disabilities will have the opportunity to become
self-sufficient and lead full and active lives. I do hope that our party
can investigate and forward a response to Mr. Thomasson very soon.
With kind regards, I remain, Yours truly,
Jim Brownell
Liberal Candidate,
Stormont, Dundas and Charlottenburgh
Tel: (613) 534-2423
Fax:(613)534-2421
Email: aw409@glen-net.ca
December 4, 2003
Hon. Sandra Pupatella
Minister of Community, Family & Children's Services
Hepbum Block, 6th Floor
80 Grosvenor St.
Toronto, Ontario M7A 1E9
Dear Minister Pupatella:
Recently, a constituent of mine, Mr. David Thomasson, visited my office
to apprise me of difficulties he has been experiencing with the Ontario
Disability Support Program.
Mr. Thomasson has been under medical treatment since 1993 as he suffers
from Bipolar affective Disorder. As an integral part of his recovery
process, doctors urged him to engage in a small business, as he has
never been able to assume a "normal" life. David started a
small organic farming operation and has spent 8 years trying to find
a way through the bureaucratic red tape.
Minister Pupatella, I would appreciate your taking the time to review
the material submitted herewith and offer a resolution to this long-standing
problem.
I thank you for your assistance in this matter and look forward to hearing
from you in due course.
Sincerely,
ORIGlNAL SIGNED BY
Jim Brownell, MPP Stormont-Dundas-Charlottenburgh
Enclosure
cc: Mr. David Thomasson
January 6, 2004
Hon. Sandra Pupatella
Minister of Community, Family & Children's Services
Hepbum Block, 6th Floor
80 Grosvenor St.
Toronto, Ontario M7A 1E9
Dear Minister Pupatella:
On December 4, 2003,1 wrote to your office concerning a constituent
of mine, Mr. David Thomasson. Mr. Thomasson has visited my office on
a number of occasions concerning his desire to have the Government of
Ontario end discrimination against disabled people under the Ontario
Disability Support Program.
Mr. Thomasson has had a very long battle with the Government of Ontario
concerning ODSP discrimination, and he certainly made me aware of his
problems in 2003. At that time, I was a candidate for the up-coming
election, and I did write to Dalton McGuinty on February 28, 2003. You
will find a copy of said letter attached.
On April 17, 2003,1 received a letter from Mr. McGuinty, then leader
of the Official Opposition, indicating that he would take Mr. Thomasson's
case under advisement. On July 23, 2003, having not heard anything further
on Mr. Thomasson's case, I wrote back to Dalton McGuinty. To date, I
have not had further contact or correspondence on this matter.
As the Minister responsible for the Ontario Disability Support Program,
I would appreciate any help in resolving this long-standing problem.
I know that Mr. Thomasson would like to see resolution also, and he
certainly appreciates any help your Ministry may be able to offer.
Sincerely,
ORIGINAL SIGNED BY
Jim Brownell, MPP Stormont-Dundas-Charlottenburgh
Enclosure
cc: Mr. David Thomasson
July 2, 2004
The Honourable Dalton McGuinty
Premier of Ontario
Room 281, Main Legislative Building
Queen's Park
Toronto, ON M7A 1A4
Dear Premier McGuinty:
Please find attached documentation which was presented to my by Mr.
David Thomasson, a constituent of mine in Stormont, Dundas and Charlottenburgh.
Mr. Thomassson has visited my office on many occasions, and has send
many, many pieces of correspondence to the Government of Ontario, concerning
his view and desire to have the province end discrimination against
disabled people under the Ontario Disability Support Program.
It was on February 28, 2003, that I wrote to you concerning the long-standing
problems being encountered by Mr. Thomasson. I was a candidate at that
time, and Mr. Thomasson had alerted me to his problems with the Ontario
Disablity Support program.
On April 17, 2003,1 received a letter from you, then Leader of the Official
Opposition, indicating that you would take Mr. Thomasson's case under
advisement. On July 23, 2003, having not heard anything further on Mr.
Thomasson's case, I wrote back to you. As well, after forming the new
government, I wrote to Minister Sandra Pupatello, and had some discussions
with her on this matter. I have also dialogued with Mr. John Fraser.
The correspondence attached to this letter clearly shows that Mr. Thomasson
is a frustrated individual, truly seeking answers and support. He has
a small, successful market garden, but he knows that he can do even
better and responsibly exit the Ontario Disability Support Program.
In my meetings with Mr. Thomasson, I have looked into his eyes, and
I have heard his pleas for assistance. I have seen a fellow who truly
wants to make it on his own, exit ODSP, and pay his way. This is all
he asks, but he does need help to hire farm workers.
Any help your office may provide to this matter would be appreciated.
I know that Mr. Thomasson has had frustrations with the past government,
and he truly wants to work with our government, so that he can exit
ODSP.
Thanking you in advance for prompt attention to this matter, I remain,
Sincerely,
ORIGINAL SIGNED BY
Jim Brownell, MPP Stormont, Dundas, Charlottenburgh
c.c. Mr. David Thomasson
December 14, 2006
The Honourable Madeleine Meilleur
Minister of Community and Social Services
80 Grosvenor Street
Hepburn Block, 6th Floor
Toronto, ON M&A 1E9
Dear Minister Meilleur:
On November 14, 2006 and December 7, 2006, I received the attached emails
from Mr. David Thomasson, a constituent from the Riding of Stormont, Dundas
and Charlottenburgh. As well, he provided me with a copy of an email he
sent to Mr. John Fraser, on December 6, 2006. David Thomasson has a long-standing
concern with Ontario Disability Support Program Discrimination, and I
have corresponded on many occasions to the Ministry of Community and Social
Services about his concerns. Much of my correspondence dates to 2004/05,
and the Ministry should have this correspondence, and that from Mr. Thomasson,
on file.
Mr.Thomasson's latest emails to me relate t o the Ontario Disability Support
Program's revised Farm Income Directive 5.7, released in November 2006.
Mr. Thomasson has pointed out that the latest directive "...retained
the worst aspects of ODSP discrimination against disabled farmers including
the rule that a farmer cannot claim employees as a business expense."
Mr. Thomasson, in his many, many emails and letters to the Ministry of
Community and Social Services, has indicated that the ODSP Act and its
directives violate the equality clause of the Canadian Charter of Rights
and Freedoms and the Ontario Human Rights Code.
As in the past, Mr. Thomasson is asking you, as Minister, the Premier,
and myself, to prove that the ODSP Act complies with the Ontario Human
Rights Code and the Charter of Rights and Freedoms, particularly the equality
clause.
Mr Thomasson takes exception to the ODSP November, 2006, Farm Income Directive
5.7, page 7, where it states:
"Wages to Employees: Wages paid to employees of the farm are not
approved expenses. Related payroll expenses (eg. income tax, Employment
Insurance (EI), Canada Pension Plan (CPP), Workplace Safety and Insurance
Benefits (WSIB) are also not approved expenses. The recipient may deem
this expense as necessary; however, it is not an approved expense. Employee
wages cannot be used to reduce the recipient's net business income for
the purposes of determining ODSP income support amount. If the recipient
claims wages and related expenses, it should not be allowed as a farm
expense."
Mr. Thomasson has asked me to prove him wrong, in his belief that this
directive is discriminatory. I cannot prove him wrong, and I ask your
Ministry to please provide the proof that this directive is not discriminatory.
From my discussions with Mr. Thomasson, the Ministry of Community and
Social Se rvices has made an exception for himself, and has not reprimanded
him for hiring an employee in 2005 and claiming the employee's wages as
a farm business expense. In his December 6, 2006 email to me, Mr. Thomasson
has indicated that the "...Cornwall ODSP staff accepted my 2005 taxes."
In the summer of 2006, Mr. Thomasson hired a full-time employee, received
a federal summer career placement employer subsidy, and plans to complete
and submit his 2006 Income Tax Return, with the wages paid to the employee
showing as an expense. Why has the ODSP office made an exception for Mr.
Thomasson, and not allowed all ODSP farmers to have the same benefits
as he has secured?
Mr. Thomasson met with me on December 8, 2006, at my constituency office
in Cornwall. Once again, he outlined his long-standing concern about ODSP
discrimination and asked me, once again, to prove him wrong. This is something
I cannot do. I assured Mr. Thomasson that I would write to you about his
concern. He would very much like to meet with you or your Executive Assistant
to discuss the issue.
Should you require further information from me, please do not hesitate
to contact my office. This issue has been before governments for many
years, and Mr. Thomasson, a disabled farmer, still does not have an answer
to his concern.
Sincerely
Jim Brownell, MPP
Stormont-Dundas-Charlottenburgh
c. David Thomasson
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