Earle Rheaume
A call for endorsement

Earle Rheaume
24 Kedgewick Court
Ottawa, Ontario
K2G 4M9 Canada
Tel: (613) 225-6269
email: earleb@sympatico.ca

It should never be happening, but sadly it is. Some tens of thousands of Ontario's sick, poor, disabled, homeless and destitute, are being denied their rightful legislated benefits and rights every day. That's discrimination and only a successful legal action will guarantee that justice will prevail. That's were your endorsement is so important.

It happened to me in November 2001, when I was denied my rights.

I was 62 years old and my physical and mental conditions included depression, chronic pain in my neck and back. I also had osteoporosis. I was unable to function in the community because of physical and mental health issues. My CPP provided $431.33, and was my only source of income. At the time I was without money and unable to borrow. My prescription medication, including anti-depressants had been used up weeks earlier. My mental state was so impaired that I was unable, unaware or incapable of understanding, that the Trillium quarterly deductible balance owing, was a mere $19.88.

A SBT (social benefits tribunal) hearing a few months earlier had not yet been approved. Without those prescribed anti-depressants, a medical emergency developed, resulting in intensified stress, anxiety and depression. In desperation, I contacted the Ottawa ODSP office for emergency financial assistance to purchase those anti-depressants. They directed me to the Ontario Works EFCA Branch, of the Peoples Services in Ottawa. I was systemically blocked, prevented and ignored. I was abused, treated unkindly and without respect or dignity. I continued to be denied the emergency financial support. Some fourteen days later relief finally came. My ODSP application was finally approved and all of my medication was obtained.

Months later, my research discovered that all Ottawa and Ontario ministry personnel contacted, including the minister himself, did not abide by the Ontario Works Legislation and Regulations.

This issue is not with the Ontario Works Legislation. It was justly developed to protect the rights of those who need it most. The legislation and regulations are quite simply not being followed, and are ignored by those government officials whose duty is, to govern, according to legislation.

As a result, many valid claims are not being heard and justice is not being done. That's Wrong! That's unacceptable!

How important is this issue? It affects every man, woman and child, who depend in one-way or another, on social assistance programs.

You might ask, "How are those senior bureaucrats and politicians getting away with this?"=> Most of us are afraid to speak out, or to bring our problems forward in fear of retribution of being punished, or worse, being cut-off some or all of our benefits.

Jacques Chartrand, a senior lawyer and Executive Director of the (Ottawa) West End Legal Clinic had this to say in exerts from a letter to Ms. Nathalie Champagne. She is the Ottawa Area Legal Area Director.

MEMO

To: Nathalie Champagne, LAO
Date: August 6, 2003
From: Jacques Chartrand
Re: Earl Rheaume

"I have reviewed the documentation he has provided me as well as the legal opinion of Mr. Plant. He asks that I provide you with my comments although I have not been retained by him on any matter.

As I understand the facts, Mr. Rheaume applied for emergency prescribed medications at ODSP (Ontario Disability Support Program) in November 2001 and they referred him to OW (Ontario Works). Mr. Rheaume claims that his application was not given serious consideration and basically summarily dismissed by OW.

Although I appreciate Mr. Plante's opinion I do not quite agree with it. I believe OW was in breach of its statutory obligations by not meeting the prescribed standards in its performance of its function and following the prescribed procedures and practices (Section 39 (2)) in that:

• OW failed to properly process his application;
  
  
• OW failed to recognize Mr. Rheaume's disabilities and assist him accordingly;
  
  
• OW failed to provide him with a written decision and reasons for the denial. Mr. Rheaume could have requested an internal review and appealed a further denial to the Social Benefits Tribunal. This process must still be followed even if the decision is a discretionary one.
  
  
• The administrator failed to properly exercise his discretion in the circumstances of this case.
  
  
• As stated by Mr. Rheaume in his Statement of Claim: The defendants owed a duty and obligation to him and to others having similar financial needs to ensure that the legislation (and regulations) be applied for the purpose they were intended.

Mr. Rheaume wishes this matter dealt with by way of action. The question is whether such a court action is the best way to obtain the remedy he is seeking taking into consideration such factors as time limits and the costs involved. Further who knows what the courts will decide. As we all know there are risks involved.

One further comment - consideration should be given to perhaps getting the Ontario Ombudsman involved in the circumstances of this case which may be able to resolve and satisfy all persons concerned. I believe the Ombudsman can make recommendations as to process and procedures and recommend reimbursements of expenses incurred.

I hope this memo is of assistance to you in considering on whether to issue a certificate to Mr. Rheaume to commence his action.

All of which is respectfully submitted".

Jacques Chartrand
Executive Director
West End Legal Services

Mr. Chartrand has agreed to cooperate and can be reached at;

Phone: 1-613-596-1641
Fax: 1-613-596-3364
Email: chartra@olap.org

Collectively your endorsement will provide a powerful stimulus when presented to our union friends. Their financial support will ensure that sufficient capital is available to support a serious and thorough legal challenge in a provincial court of law.

I invite and urge your consideration and endorsement. A brief message (on your letterhead) is all that is needed.

Thank you in advance.

Earle Rheaume

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Page last updated December 11, 2003