Earle Rheaume has an interesting and compelling story to tell.

While it deals with an ugly experience he had with the Ministry of Community, Family and Children's Services, the issue is a systemic one in that it extends to many others across the province on any given day.

Earle contacted DAWN Ontario with a request to review the evidence supporting his claim and to help spread the word and call for support.

We join the growing list of others who have endorsed and are encouraging Earle to continue in his pursuit for justice and I urge you to do the same. His story appears below.

Barbara Anello

 

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

March 15, 2004

Ms. Barbara Anello
Disabled Women's Network, Ontario
(DAWN Ontario)
Box 1138
North Bay Ontario P1B 8K4

Dear Barbara,

Some tens of thousands of Ontario's sick, poor, disabled, homeless and destitute are being denied their legislated benefits and rights every day. That's discrimination and only a successful legal action will guarantee that justice will prevail. That's why your endorsement (not money) is requested.

It happened to me in November 2001.

I was 60 years old and my physical and mental conditions included depression and chronic pain in my neck and back. I also had osteoporosis and was unable to function in the community, because of physical and mental health issues. My CPP provided $431.33 per month 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 the Trillium quarterly deductible balance owing. It was a mere $19.88. A SBT hearing a few months earlier had not yet determined my status to be as "disabled".

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. They re-directed me to the Ontario Works EFCA Branch of the Peoples Services in Ottawa. There I was treated with indifference and ignored. No compassion or empathy were ever shown for my physical, emotional and distraught conditions. I continued to be denied that financial support over the next fourteen days.

Relief finally came. My status as "disabled" was confirmed by the SBT and my ODSP application approved. The Trillium balance was paid somehow, and all of my medication was obtained.

Months later, my research discovered that all City of Ottawa and Ontario Ministry of Community, Family and Children's Services personnel contacted, including the minister himself, did not abide by the Ontario Works Act and it's 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, valid claims are not being heard and justice is not being done. That's Wrong! That's unacceptable! That's unlawful!

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 Legal Area Director. (permission to publish memo granted)

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.

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.

A successful legal action will be a "victory" and assure that all persons in need of social assistance, will be justly provided with all those legislated benefits and rights, as are outlined in the Ontario Works Act.

I invite and urge your endorsement. (A brief message (on your letterhead) is all that is needed). Send it directly to Earle at earleb@sympatico.ca or his mailing address.

Thank you for your consideration.

Regards,

Earle Rheaume

mailing address:
24 Kedgewick Court
Ottawa, ON K2G 4M9

Tel: 613-225-6269

email: earleb@sympatico.ca

Previously featured in Dec. 2003

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Page last updated May 19, 2004