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| 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.
The essential criteria to be on ODSP is that the Ontario Government must agree the person is medically disabled. Financial need is a secondary and somewhat flexible criteria. Every barrier and restriction that applies only to disabled people on ODSP is discrimination because of medical disability. The Ontario Government via the Ontario Disability Support Program Act is the single largest source of discrimination against Ontario's disabled people. Harris legislated all the ODSP discrimination and it has continued almost unchanged ever since. ODSP has already discriminated against of tens of thousands of disabled people under both Harris and McGuinty. For example ODSP uses a quasi-judicial reverse onus tribunal procedure that violates every disabled person's Charter right to due process. Theoretically every ODSP "director's decision" against a disabled person violated the Charter and must be struck down. This info is detailed in my ODA presentation to the Social Policy Standing Committee. No one has ever rebutted it. I do not want the government to be sued because of ODSP discrimination. I am very concerned about a angry taxpayer backlash against disabled people. I argue the best solution is to immediately stop all ODSP discrimination and use the notwithstanding clause to prevent compensation lawsuits. Disabled people rely heavily on public services that would only be weakened if taxes had to be spent on class action compensation claims. The political problem is that the Liberals knew all of this before the last election. Dalton's letters prove it. So, Dalton's government has apparently made a free and informed decision to violate the Charter Rights of disabled people while passing the ODA. Dalton could have stopped the discrimination immediately after becoming Premier. He didn't stop it. So the McGuinty government has three years of ODSP discrimination on its record right now. Respected MPPs your best first step is to immediately suspend the entire ODSP director's decision prosecution process. Provide interim assistance to all appellants and proceed from there. The Director's Decision prosecution process is the most serious ODSP Charter violation and the biggest potential class action issue. Deliberate, active ODSP discrimination occurs when the "Director" using the delegated political power of the Minister, makes the decision to punish someone for violating the ODSP Act and its directives. Suspending the Director's Decision process immediately stops the Ontario Government's deliberate active enforcement of ODSP discrimination against disabled people. It is the best way to demonstrate your commitment to full Charter Rights for all ODSP recipients. Respected MPPs this information is tested and true. It is vital that
the Liberals immediately lead the end of ODSP discrimination, or clearly
prove the ODSP Act does not discriminate against disabled people. |
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This web page is posted
and maintained by: Malcolm Dilts Midland, Ontario email: mm@magmac.ca If you have arrived at this page from another site please visit the ODSP Support & Activism Site |
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