Six Fast Facts on “Street Checks” in Hamilton
CBC Reporter Kelly Bennett recently wrote a story about Street Checks in Hamilton. Street Checks are also sometimes referred to as Carding.
The story came from data released in response to a Freedom of Information request from CBC Hamilton to the Hamilton Police Service.
Here are six Fast Facts from the data.
- A 25-year-old aboriginal woman was stopped on the street by Hamilton police 14 times in 2012.
- In 2013, a 29-year-old black man was "street checked" 13 times.
- In 2010, a man, considered by officers to be of Middle Eastern descent, was stopped and questioned nine times.
- Of the 46 people stopped more than five times in one year in street checks, 44 of them were recorded in the police database as visible minorities, either black, aboriginal, "Mid East" or "S. Asian/E. Indian."
- Of the 134 people carded more than three times in the same year, just eight of them were white.
- More than 9,000 interactions over the last five years have been filed in the police database as street checks, even if the person has not done anything wrong.
Kelly Bennett’s story is entitled Visible Minorities More Likely to be Street Checked Multiple Times in the Same Year than White People. You can find it at http://www.cbc.ca/news/canada/hamilton/news/hamilton-police-carded-the-same-aboriginal-woman-14-times-in-1-year-1.3324958
The Hamilton Community Legal Clinic believes that there is no justification in case law or statute for ‘street checks’ (as the practice is called in Hamilton and other municipalities), or ‘carding’ (as the practice is labeled in Toronto). In particular, It is our position that t street checks/carding, amounts to a contravention of sections 7 to 10 of the Canadian Charter of Rights and Freedoms and section 1 and 11 of Ontario’s Human Rights Code. “
Clinic staff put forward our position at an October meeting of the Hamilton Police Services Board. We have been reviewing the draft regulations put forward by the Ontario government. You can find a summary of these proposed regulations at http://www.ontariocanada.com/registry/view.do?postingId=20202&language=en
(Posted Novmber 23, 2015)
Working for Change 2014-15
The clinic works on many issues important to low-income Hamiltonians. Here are highlights of changes we have been advocating for and changes we‘ve achieved.
- Many people do not think of everyday problems as being “legal problems” and so do not know they can get help. Starting this month, to address this gap, we are introducing the Hamilton Legal Health Check–Up.
- With funding from Legal Aid Ontario, we are developing a comprehensive and coordinated approach to mental health and addiction services. A weekly program at Mission Services began earlier this year.
- To reach out to those who could use our services, but might not be aware of us, we produced a new video http://www.hamiltonjustice.ca/index2.php
- Family law legal advice and referrals can now be accessed at the Clinic through a new Family Law Partnership developed with LAO.
- We continue our tradition of using social media to highlight Black History (February) and National Aboriginal History (June) months. This year we focused on local (Hamilton) heroes.
- The city’s affordable housing stock is being depleted. We’re supporting downtown tenants who are being displaced from their homes and communities due to gentrification. A July rally in McLaren Park and a petition campaign call on all levels of government to act.
- Our Francophone Legal Services (FLS) continues to partner with other bilingual Clinics to serve clients located in catchment areas with no FLS.
- Through YÉN:TENE, the Aboriginal Justice Outreach Initiative, we have acknowledged the cultural genocide that is the legacy of residential schools. As both allies and friends, we are committed to support the reconciliation process.
- We continue to stand in solidarity with the Ontario Network of Injured Workers to raise public awareness about injured workers’ rights and advocate for changes to Ontario’s broken workers’ compensation system.
(Taken from our AGM report. Posted on October 20, 2015 )
Regulating Payday Loans in Hamilton
Ward Three Councillor Matthew Councillor Green (pictured to the right) has a motion coming to Hamilton City Council on Wednesday September 9th. The motion is requesting authority from the Province for the City of Hamilton to limit the number and regulate the locations of payday loan cheque cashing outlets.
The Clinic has expressed concerns about these businesses many times.
Back in 2009 we called for more regulation by the province. http://poverty.thespec.com/2009/05/payday-loans-settlement.html
More recently, we argued for postal banking as an alternative that would provide access to financial services for all Canadians. http://www.hamiltonjustice.ca/blog/?post=Payday+Lenders+Continue+to+Outrage+Us&id=303
Earlier in the summer we wrote about some of the new techniques being used on-line to exploit consumers http://www.hamiltonjustice.ca/blog/?post=Payday+Lenders+Continue+to+Outrage+Us&id=303
We commend Councillor Green for taking this initiative.
Here is his motion:
WHEREAS the Province of Ontario’s Ministry of Consumer Services is responsible for the Consumer Protection Act and the Payday Loans Act which regulates and licenses money lending businesses;
WHEREAS the Province of Ontario regulates the interest rates of money lending businesses while Municipalities have the authority to regulate and license businesses to protect consumers if this is not already done by the Province;
WHEREAS the use and expansion of payday loan and cheque cashing outlets in Hamilton neighbourhoods is a significant consumer protection issue identified by the Hamilton Roundtable for Poverty Reduction and neighbourhood and community groups; and
WHEREAS it is important that customers of payday loan and cheque outlets have a complete understanding of the financial services being offered.
THEREFORE BE IT RESOLVED:
(a) That the Mayor be authorized to forward correspondence to the Province of Ontario, to the attention of the Minister of Consumer Services, requesting that the protections afforded by the Payday Loans Act be strengthened and that Municipalities be authorized to limit the number and regulate the locations of payday loan and cheque cashing outlets;
(b) That Staff be directed to research the feasibility of licensing payday loan and cheque cashing outlets to assist in consumer protection by requiring the businesses to post their rates, show comparative and annualized rates and information regarding debt counselling.
(c) That staff analyze and map pay day loan and cheque cashing outlets in Hamilton and report back to Council on recommendations for alternative accessible financial services for Hamilton residents.
Posted September 8, 2015
Evictions for Landlord’s Own Use
If a landlord is acting in good faith, it is perfectly legal to terminate a tenancy “for their own use.”
This is allowed under section 48 of the Residential Tenancies Act (RTA). (You can read that section at the end of this story.)
When the landlord want s the unit for “own use” he must issue a N12 at least 60 days prior to the proposed termination date. The termination date must be the last day of a term (usually the last day of a month as this is the day before rent for the next term is due.)
Landlords don’t always act in good faith, of course. In some cases, terminating the tenant provides an opportunity for higher rent charges, for example. If the landlord is not acting in good faith, the tenant can refuse to move out. The tenant then needs to bring an application to the Ontario Landlord and Tenant Board and force the landlord to prove good faith.
Ottawa Lawyer Michael K. E. Thiele notes that “if the tenant can show that the N12 was served in retribution for the tenant enforcing her rights under the Residential Tenancies Act, complaining to a government body, for organizing a tenant association, or because the unit is occupied by children--then the Landlord and Tenant Board must refuse the application to terminate the tenancy (see section 83(3) of the Residential Tenancies Act).”
In a situation where the landlord is acting in good faith, the tenant has some options which can at least delay the eviction for an extended period.
That is because the Board under section 83 of the RTA the Board is given authority to have “regard to all the circumstances.” Recently Clinic Staff Lawyer Marla Brown was successful in arguing that a 25 year tenancy not be terminated as it was determined that the tenant would not be able to find alternative housing in the area at a comparable price and that the termination would have a “dramatic and stressful effect on the Tenant.”
It is important to note that the landlord’s circumstances must also be taken into account.
If a tenant moves out but believes that the landlord has acted in bad faith or terminated their tenancy on false pretense, she/he can bring a T5 application against the Landlord. If successful, the tenant will likely receive financial compensation but probably not get their unit back. A former tenant has 12 months to do this.
Reform is in order. We’d like to see the RTA changed to catch bad faith by landlords. An amendment to the Act to provide tenants more time to find a new place would be a good idea as well.
Marla Brown notes that other no fault notices of termination such as those for renovation, demolition and conversion require 120 days’ notice and financial compensation of 3 months for the loss of the unit in most instances. Also, in these cases, tenants have a right of refusal to return once the work is completed.
(The above has covered a complex area in very brief form. Call us at 905-527-4572 for more information or advice.)
You can read an article by Ottawa Lawyer Michael K. E. Thiele on Landlord’s own use at http://ontariolandlordandtenantlaw.blogspot.ca/2012/11/help-my-landlord-wants-to-live-in-my.html
Notice by Landlord at End of Period or Term
Notice, landlord personally, etc., requires unit
- (1) A landlord may, by notice, terminate a tenancy if the landlord in good faith requires possession of the rental unit for the purpose of residential occupation by,
(a) the landlord;
(b) the landlord’s spouse;
(c) a child or parent of the landlord or the landlord’s spouse; or
(d) a person who provides or will provide care services to the landlord, the landlord’s spouse, or a child or parent of the landlord or the landlord’s spouse, if the person receiving the care services resides or will reside in the building, related group of buildings, mobile home park or land lease community in which the rental unit is located. 2006, c. 17, s. 48 (1).
Posted August 25, 2015
New Funds for Some of Ontario's Community Legal Clinics
Last week Legal Aid Ontario (LAO) announced that they were investing an additional $1.5 million in community legal aid clinics with the fewest resources per low-income person in the 2015/16 fiscal year.
This annual funding will be added to the clinics’ base funding.
This new support is on top of the additional $2.4 million in funding LAO provided for the 2014/15 fiscal year, as announced in March 2015.
LAO says that “(T)his injection of $3.9 million will allow community legal clinics to hire more staff, expand existing services, or launch new services that support clients.”
This new investment is part of LAO’s strategy to expand financial eligibility and clinic law services for low-income Ontarians. It is part of the provincial government’s long term commitment to increase acess to legal aid.
Allocations have been determined based on the low-income person population in a clinic’s service area, using Statistics Canada’s Low Income Measure data from 2012 and LAO funding and population data.
Here is a link to a chart that shows the funding for community legal clinics in Ontario.
(Posted August 4th)
Information for Tenants
Ontario's 2016 Rent Increase Guideline is Set at 2.0 Per Cent
Ontario has set the guideline on rent increases for 2016 at 2.0 per cent. The Ontario Ministry of Municipal Affairs and Housing made this announcement in June.
The rent increase guideline is the maximum a landlord can raise a tenant's rent without the approval of the Landlord and Tenant Board. The guideline applies to rent increases between January 1 and December 31, 2016. Most private and residential rental accommodations dealt with by the Residential Tenancies Act 2006 (RTA) are covered. Some accommodation is not covered.
What is not Covered?
The guideline does not apply to vacant residential units, residential units first occupied on or after November 1, 1991, social housing units and nursing homes.
The RTA limits rental increases at a maximum of 2.5 per cent for buildings constructed prior to 1991. The Ministry notes that the RTA “ensures equitable consideration for families renting homes, and landlords trying to cover operating costs.”
How is the Guideline Determined?
This guideline is based on the Ontario Consumer Price Index (CPI). The CPI is a measure of inflation calculated monthly by Statistics Canada. It reflects economic conditions over the past year.
The Ministry uses this example to illustrate how an increase in rent would work
- The monthly rent of an apartment is $1,000 beginning Aug. 1, 2015.
- With proper written 90 days notice to the tenant, the landlord could lawfully increase the rent 12 months later on Aug. 1, 2016.
- The guideline for 2016 is 2.0 per cent
- A rent increase of 2.0 per cent on $1,000 = $20.00
- Therefore, the new rent on August 1, 2016 could be up to $1,020.00 ($1,000 + $20.00)
Find out more about the guidelines at the Ministry’s website at http://www.ltb.gov.on.ca/en/Key_Information/STEL02_111283.html
Posted July 6, 2015
Know Your Community #4
Of recent immigrants to Hamilton 1,430 identify Arabic as their first language spoken. This total represents nearly 10% of the total of recent immigrants. Spanish is the first language of 1,395 recent immigrants. A third large mother tongue is Tagalog (Pilipino, Filipino at 6.6% of all recent immigrants.
Read more about your community in the Community Profile that has been produced by PC Human Resources at http://1drv.ms/1bbU4xR
Posted July 2, 2015
Know Your Community #3
According to the 2011 Census, 6,765 people identify French as their mother tongue.
Hamilton’s Francophone population is growing at a slightly faster rate than the province as a whole.
Read more about your community in the Community Profile that has been produced by PC Human Resources at http://1drv.ms/1bbU4xR
Posted June 15, 2015
What’s in the Budget for Working Canadians?
The Federal budget announced on Tuesday April 21 offers “surprisingly little for working Canadians, or to help create jobs,” according to Toby Sanger, Senior Economist for the Canadian Union of Public Employees.
The only measures it includes Sanger says are:
• Extending the Employment Insurance Working While on Claim project for another two years.
• Extending compassionate care leave under the EI program to care for a gravely ill family member from six weeks to six months.
• Very limited funding to help with training and harmonization of apprenticeships.
• $65 million to business and industry associations to work with post-secondary institutions to better align their curricula with business needs.
• Renewal of funding for Aboriginal labour market programming.
• Ensuring that the Canada Labour Code applies to interns under federal jurisdiction.
• Notice that the government intends to reduce Employment Insurance premiums in 2017/18, after the EI fund goes into surplus.
Read Mr. Sanger’s full analysis of the budget at http://cupe.ca/draft-budget-analysis
The entire budget document can be found at http://www.budget.gc.ca/2015/docs/plan/toc-tdm-eng.html
Posted April 23, 2015
Know Your Community #2
More than 10,300 Hamilton residents self-identified as Aboriginal in the National Household Survey. Some estimates put that figure much higher at 15,000 Hamilton residents.
- Learn more about The Aboriginal Outreach Justice Initiative at
- Read more about your community in the Community Profile that has been produced by PC Human Resources at http://1drv.ms/1bbU4xR
Know Your Community #1
Hamilton’s total immigrant population is over 125,000. Twelve percent of these immigrants were recent immigrants (arrived in the last five years). More than half of these recent immigrants live in poverty. (National Household Survey).
- Learn more about the Campaign against the 4 Year Limit on Migrant Workers at http://www.hamiltonjustice.ca/make-change.php
Did You Know
- One-third of paid employees in Ontario do not have employer-provided medical or dental benefits.
- People with low earnings have lower levels of employer-provided health benefit coverage than those with higher earnings, with fewer than one in five people earning less than $10,000 receiving benefits through their employer.
- On the other hand more than 90 percent of people earning over $100,000 receive benefits through their employer.
- Men have are more likely to have employer-provided benefits than women.
- Public dental coverage is extremely limited in Ontario, with the province funding only 1.2 percent of dental services in 2010, the lowest public expenditure in Canada. (1)
Improving access to health benefits would narrow the health gap between those with and those without employer-provided benefits, creating a healthier and more equitable Ontario.
Find out more in the new paper Low Wages, No Benefits Expanding Access To Health Benefits For Low Income Ontarians. It is published by the Wellesley Institute an can be found here
(1) Canadian Centre for Policy Alternatives, “Annex 1: Expenditures on dental services: Canada, the provinces and territories, 1975 to 2010,” in Putting Our Money Where Our Mouth Is: The Future of Dental Care in Canada (Ottawa: Canadian Centre for Policy Alternatives, 2011).
In the meantime, if the Fast Fact cited above about dental coverage in Ontario disturbed you and you want to do something about it consider this.
More than 2.3 million people living in Ontario - one of the most affluent places on earth - cannot afford to visit a dentist or dental hygienist. Most are low-income seniors and adults. The Ontario government promised to extend public dental programs to low income adults and seniors but not until 2025.
Posted February 24, 2015
A National Anti-Poverty Plan for Canada
An interesting report was recently released.
Actually, it is more than a report. It is a plan.
It is a plan to end poverty in Canada. You can read it here. http://www.cpj.ca/sites/default/files/docs/files/DignityForAll_Report-English-FINAL.pdf
The Plan was put together by the Dignity for All Campaign led by Canada Without Poverty and Citizens for Public Justice.
We’ve taken the reports twelve recommendations and included them below as Fact Facts.
Dignity for All recommends that Canada:
1. Reform income assistance programs, such as Employment Insurance, to better reflect labour market realities and other gaps in the system.
2. Increase the National Child Benefit to $5,600 annually for eligible families (and index it to the
cost of living).
3. Develop and implement a coordinate National Housing Strategy based in human rights.
4. Increase funding by no less than $2 billion per year in new money to implement housing strategies that meet the strategy targets.
5. Recognize in the legislation of an anti-poverty plan the social determinants of health, including income, employment, food security, early childhood education and care, and housing.
6. Commit to a new ten-year Health Accord including a National Pharmacare Program.
7. Develop, in collaboration with all levels of government, food producers, community stakeholders, and food insecure people, a National Right to Food Policy.
8. Increase federal investment to address the very high levels of household food insecurity among First Nations, Inuit, and Métis peoples in a manner that respects cultural, community, and gender considerations and Aboriginal land sovereignty.
9. Develop a high-quality, universal, publicly-funded and managed early childhood education and care program for children aged 0 to 5 years and for school-aged children up to age 12, to be phased in by 2020.
10. Dedicate federal transfers of $1 billion, $1.6 billion, and $2.3 billion over each of the next three years with the ultimate goal of achieving the international benchmark of spending at least 1% of GDP on childhood education and care by 2020.
11. Set national wage standards above the poverty line.
12. Provide employment incentives for youth and other groups under-represented in the workforce.
Posted February 19, 2015,
Clinic Input into Ontario Budget 2015
Recently we wrote to the Standing Committee on Finance and Economic Affairs to ask for reforms to the Ontario Works and Ontario Disability Support Program. An excerpt from that letter follows.
We are writing to ask that the 2015 Ontario Budget take two concrete steps toward reducing poverty experienced by people on ODSP and OW.
Specifically, we request that you develop a process to ensure that social assistance rates reflect the real cost of living. In addition, we ask that $100 month Work-Related Benefit for ODSP recipients that was eliminated in last year’s budget be restored.
The Need for Evidence Based Social Assistance Rates
A most pressing issue continues to be the extreme depth of poverty suffered by recipients of provincial social assistance benefits. The Commissioners, in the final report of the Commission for the Review of Social Assistance in Ontario, pointed out that existing social assistance rates are arbitrary numbers. These rates are not set through any evidence-based methodology. Rather the rates are politically determined amounts bearing no relation to the actual costs of rent, food and basic necessities. Currently, largely as a result of drastic cuts to rates made by the provincial government in 1995 and the failure of subsequent governments to even ensure that those inadequate rates kept pace with inflation, provincial social assistance rates fall far below even subsistence levels of assistance for many selected family sizes (particularly for individuals and families in receipt of Ontario Works benefits).
Clearly, the current social assistance system is not adequately supporting our most vulnerable individuals and families. This will have dire consequences for the future of our communities. The severe underfunding of these vital cash transfers to the poorest members of our society negatively affects public health and education levels, as well as other areas of society. The Clinic urges the Provincial Government to effect institutional change immediately to the way social assistance rates are currently determined. This change can be achieved through the creation of an independent arms-length body. Each year that body would recommend evidence-based social assistance rates.
For some time, we have advocated for the creation of such a panel. This panel would set rates that would have some relation to the actual cost of rent, food and other basic necessities. To that end, in 2011, we met with the Commission for the Review of Social Assistance in Ontario and subsequently made this recommendation to them:
“That the Government of Ontario establish an arm’s length body to recommend evidence-based social assistance rates on an annual basis. Those rates should be based on an analysis of the actual costs of rent, a healthy food basket, and other basic necessities in communities across Ontario, and should provide a level of assistance that will allow individuals and families to live with dignity....”
We are not alone in calling for such a change.
The ODSP Action Coalition has submitted a brief to you www.odspaction.ca. They request, “an immediate significant increase in ODSP income support, to move towards covering the real costs of nutritious food, shelter, transportation, other basic needs and the additional costs related to disability.” They also suggest that “an expert panel including people with lived experience provide research and advice on the criteria that should determine the level of support for Ontario works and ODSP” be created.
Restore the Work-Related Benefit
The ODSP Action Group also speaks in their submission to the Work-Related Benefit. For some time that mandatory benefit (of $100 per month) has been provided to ODSP recipients and their dependents who have earnings from employment or self-employment. Last year’s budget eliminated this benefit effective April 1, 2015 for non-disabled family members of ODSP recipients and October 1, 2015 for people with disabilities. While we appreciate that the money saved by this cut will be used to support others attempting to enter the workforce, we believe this policy change should be reversed.
First, for those who have been receiving the benefit, this change represents a significant loss of income of up to $1,200 a year to each family member. In order to make it easier for people to work, a change to the earnings exemption policy was initiated in 2013. This significant policy reform will be negated by this change.
Second, the Work-Related Benefit has been successful in supporting individuals with substantial impairments creating limitations in daily activities to maintain employment in alternative forms of work. That is what the Benefit was intended to do.
Therefore, we request the reversal of the cut to the Work-Related benefit, and ask that no more cuts to any benefits for individuals and families on ODSP and OW be contemplated until adequate levels of income support are provided.
Thank you for your consideration of our submission.
Executive Director/Directeur general
Hamilton Community Legal Clinic/Clinique juridiquecommunautaire de Hamilton
Posted February 7, 2015
New Information on OW & ODSP Overpayments
In October, an important decision was made in Canadian courts concerning overpayments.
The decision may impact you if you receive Ontario Works (OW) or Ontario Disability Support (ODSP) benefits and have been assessed an overpayment.
We wrote about the Surdivall case last fall. (See http://www.hamiltonjustice.ca/blog/?post=Court+Rulings+of+Significance+for+Ontarians+with+Low-Incomes&id=269)
Mr. Surdivall was successfully represented by a number of lawyers including Jackie Esmonde and Cynthia Wilkey from the Income Security Advocacy Centre (ISAC)
ISAC has put together an excellent two page fact sheet. That fact sheet describes the implications of the Surdivall court decision. As ISAC notes:
“It’s very common for overpayments to happen because of innocent errors like (Mr. Surdivall’s). They can even happen when all the rules are being followed – the social assistance system is set up in a way that can make overpayments inevitable.”
You can find the Fact Sheet at http://www.incomesecurity.org/documents/Surdivall-Overpayments.pdf
Have You been Assessed an Overpayment?
If you have been assessed an overpayment, ISAC suggests that you might be able to get it waived completely or in part if the overpayment:
1. Was caused by an innocent mistake you made.
2. Was the result of an error or delay made or caused a caseworker or other representative of ODSP or OW.
3. Caused financial hardship for you.
4. Resulted because of abuse or coercion that you experienced.
5. Happened because ODSP or OW failed to accommodate your disability.
6. Came about due to other types of circumstances where it would be unfair to make you pay back the overpayment.
Readers will know that social assistance rules are very complicated.
If you need help, contact the Clinic. Call us at 905-527-4572 or connect on-line at https://www.hamiltonjustice.ca/apply-for-services.php
The Income Security and Advocacy Centre is an excellent resource on issues of income security and poverty. Visit their website for more information http://www.incomesecurity.org/
Posted January 21, 2015
Bring Back Reasonably Priced, Accessible Financial Services
Good communities are ones that provide residents and businesses with easy access to reasonably priced financial services.
What has happened?
- The big five chartered banks have been leaving downtown cores of major Canadian cities for years.
- Many small communities, especially Aboriginal communities, don’t have any banks or credit unions.
- According to a recent report from the Canadian Centre for Policy Alternatives (CCPA), three to fifteen percent of Canadians do not have a bank account. That means at least 910,000 Canadians are “unbanked.”
- When banks do exist, fees are an issue. Only thirty years ago, banks did not charge fees but now these charges are amongst the highest in the world.
- “Fringe” financial institutions like Money Mart have stepped in to fill the void. They make big bucks while charging exorbitant fees.
- There is some regulation of these fringe institutions. In 2008, for example, the Ontario government, concerned about excessive charges, brought in regulations. These controls were inadequate so the government is in the process of setting new rules.
What to do?
More regulation of fringe institutions is needed. Reintroducing postal banking could help address the problem. It is a simple idea - the post office offers financial services alongside their regular business.
- Canadians had access to postal banking for more than one hundred years. When the Post Office Savings Bank ceased operations in 1968, nearly 300,000 accounts closed down.
- Postal banking is thriving in other parts of the world. Japan Post Bank, for example, has $2 trillion in assets. New Zealand, Switzerland, France, Great Britain and Italy are five other countries with postal banking.
- These institutions can achieve stated social goals that other financial institutions aren’t interested in.
- By initiating postal banking, Canada Post could make money and increase their ability to invest in public postal service and jobs and leave the corporation less dependent on mail.
- In February, Blacklock’s Reporter published a story that indicated that Canada Post executives think postal banking is a good idea. In fact, after looking at postal banks in other jurisdictions the conclusion was that a move back into postal banking would be a “win-win. `` (Here is that story. http://www.blacklocks.ca/canada-postal-banks-win-win-secret-records-show/)
- A poll done in April found that “64% of Canadians supported Canada Post expanding revenue-generating services, including bill payments, insurance and banking.``
Find out more about postal banking from the Canadian Union of Postal Workers at http://www.cupw.ca/index.cfm/ci_id/12820/la_id/1.htm
You can also read our story from earlier this year at
Posted December 10, 2014
Family Law Announcement
The Clinic is excited about a new Family Law Service Partnership developed with Legal Aid Ontario (LAO).
This Partnership means that some family law advice and referrals may be accessed through the Clinic at 100 Main Street East.
These services are available Thursday mornings. Community members interested in the services must call to set up an appointment.
Specific areas of family that are covered are:
- Custody and access
- Support – child & spousal
- Child protection matters
- Separation and Divorce
- Default Proceedings (FRO matters)
Please note that Review of Separation Agreements and Property Law are Areas that are NOT covered by this service.
Ruling on Overpayments
Recently the Supreme Court of Canada made an announcement of significance for Ontarians with low-incomes. The ruling is known as the Surdivall Case.
This is a complicated case with a long history. We have written about it on our website (http://www.hamiltonjustice.ca/blog/?post=Court+Rulings+of+Significance+for+Ontarians+with+Low-Incomes&id=269)
Briefly, Mr. Surdivall is a disabled senior who received Ontario Disability Support Program (ODSP) income support until he turned 65.
He made an innocent reporting error that resulted in him being over paid. As a result, he was ordered to pay half the outstanding balance, at a rate of $10/month. While the law in Ontario says that overpayments can be recovered, this seemed unfair in Mr. Surdivall’s situation.
Divisional Court ruled that social assistance recipients could not challenge rulings for collection of overpayments, no matter how unfair the circumstances.
The matter went to the Court of Appeal before finally being referred to the Supreme Court of Canada.
The end result of this litigation is summarized in Legal Aid Ontario’s blog. It is now recognized “that people on welfare often receive overpayments for reasons entirely beyond their control and, potentially, because people with power over them have abused the system.” http://blog.legalaid.on.ca/2014/04/17/victory-at-ontario-court-of-appeal-protects-rights-of-people-receiving-social-assistance/
Mr. Surdivall was represented by lawyers from two Specialty Legal Clinics (Income Security Advocacy Centre and ARCH Disability Law Centre and Parkdale Community Legal Services.
Mentor Action Group
There is a new website in Hamilton that addresses the issue of gender-based violence.
www.mentoraction.org is designed for men and organizations that are dealing with gender violence issues. The website includes community resource information, information about men's health and well-being and more.
MentorAction, a volunteer committee of male leaders in Hamilton working in partnership with Interval House of Hamilton, is commended for the initiative.
Posted December 8, 2014
Homelessness Remains a National Crisis
235,000 Canadians still have no place to call home
By Jino Distasio Expert Advisor EvidenceNetwork.ca WINNIPEG, MB/ Troy Media/
Troy Media Marketplace
Homelessness in Canada remains a national crisis despite the best efforts of social groups, housing advocates and all levels of government. In the 2014 State of Homelessness in Canada Report Card released recently, the most startling number remains that on any given night 35,000 Canadians have no place to call home.
Even more damning is that throughout the year an estimated 235,000 different individuals will experience the harshness of having no housing. Among industrialized nations, Forbes ranks Canada among the top 20 richest nations, yet we have failed to tackle homelessness in Canada despite years of sustained effort.
The mid-1990s were less than kind to Canadian cities. The economy was stagnant and the federal government shifted its policies on social housing, transferring responsibility from the federal government to the provinces. This period was marked by a significant shortfall in building affordable housing across the country and a lack of supports within a healthcare system that was already maxed out. A flashpoint was in 1999, when images of Tent City, an encampment of homeless persons in Toronto, thrust Canada into the limelight for the entire world to see that we could not house people in one of our most prosperous cities. In reactionary fashion, the Federal government stepped in amidst an international shaming and growing pubic fervour that something had to be done. The outcome was the establishment of a large-scale intervention big enough to have an immediate impact. Seeded with $750 million, a national program was launched in Canada’s largest cities. While the funding was not enough, the wheels were set in motion to help address the needs of our most vulnerable citizens.
Over the next 15 years the emphasis shifted from building homeless shelters to include a much broader focus in areas such as labour reintegration, supportive housing and acknowledging that our mental healthcare system has failed to address the complex needs of a large number of persons.
Today, the Homelessness Partnering Strategy (HPS) is Canada’s main source of federal policy with funds directed toward ending homelessness. HPS funds are deployed to cities via local community entities that are responsible for the implementation and distribution of dollars. This has created an important delivery mechanism by which federal monies are able to flow to local jurisdictions without much complexity. In its most current iteration, the HPS has taken the lead by promoting “Housing First” which is an intervention aimed at ending homelessness by providing specialized supports along with housing. Housing First has been proven to be highly effective in ending homelessness for persons with mental health issues.
The 2014 Report Card notes the impact of homelessness to the Canadian economy is upwards of $7 billion annually, with a substantive portion attributed to the over consumption of services and supports related to mental health and social services. This includes the overuse of hospital and primary care centres, the deployment of police, as well as other areas of our social safety net that could be better used if more people had decent housing and the supports necessary to succeed.
What is needed now is the momentum to deal with homelessness in a more comprehensive manner.
Solutions must come from the community, such as the Task Force to End Homelessness in Winnipeg which has penned a plan, to the Canadian Alliance to End Homelessness’s bold announcement of launching the “20,000 Homes Campaign” with the objective to house 20,000 of Canada's most vulnerable by 2018. All levels of government and the private sector must begin to see the tremendous social and economic benefits of doing the right thing. Canada can end homelessness and our elected officials have a duty to work together on funding community based solutions.
Jino Distasio is an expert advisor with EvidenceNetwork.ca Associate Professor of Geography and Director of the Institute of Urban Studies at the University of Winnipeg. He is also the co-principal investigator for the Winnipeg site of the At Home Chez Soi Project.
Posted November 14, 2014
IMPORTANT INFORMATION FOR FORMER RESIDENTS OF HURONIA, RIDEAU AND SOUTHWESTERN REGIONAL CENTRES
We received an-email from the ARCH Disability Law Centre recently.
The e-mail was a reminder for former residents of Huronia, Rideau or Southwestern Regional Centres.
As a result of lawsuits, there is money for some people who lived at Huronia, Rideau or Southwestern Regional Centres, or a place where Huronia, Rideau or Southwestern put them.
You can ask for money if:
• you lived at Huronia or a place Huronia put you between 1945 and 2009.
• you lived at Rideau or a place Rideau put you between 1963 and 2009.
• you lived at Southwestern or a place Southwestern put you between 1963 and 2008.
Deadline is this Month
The deadline for submitting a claim is November 30th, 2014.
You MUST send in the Claim Form by November 30. If you send in the form after November 30, you will not get any money for your claim.
You can find out more about this at http://goo.gl/tyYVXU
Contact ARCH If you need help to fill out a claim form.
They can be reached at
Posted November 6, 2014
Christmas Registry 2014
The City of Hamilton co-ordinates a Christmas Registry.
The purpose of the Registry is to record all families and individuals who need help during the Christmas season. The Registry acts as liaison between agency and families to ensure as many people as possible will be able to enjoy Christmas.
The following agencies participate in the Registry
- Ancaster Community Services
- Good Shepherd
- Mission Services
- Neigbour to Neighbour
- Salvation Army
- St Matthew’s House
- Stoney Creek Community Food Bank
- Wesley Urban Ministries.
You can find out more on registration procedures at
Posted October 23, 2014
Ontario’s Second Poverty Reduction Strategy – Indicators
A new Poverty Reduction Strategy was presented by the Ontario government in September.
All three main-line parties supported the first Poverty Reduction Strategy in 2009. A new five year strategy was due for release last December, then in May, but was delayed because of the election.
The first Poverty Reduction Strategy is credited with bringing about investments that lifted 40,000 Ontario children out of poverty. It is estimated that these efforts also kept 60,000 additional kids from becoming poor.
Strategies can be effective if there is a way to measures whether they are working. In that regard, the provincial government developed eight indicators for the first strategy. Progress was made on all eight indicators. Seven of those indicators remain.
- birth weights
- school readiness
- educational progress (combined grade 3 & grade 6)
- high school graduation rates
- Low Income Measure
- Depth of Poverty Ontario Housing Measure
One indicator was dropped. The Standard of Living indicator was based on data that came from Statistics Canada. This organization no longer collects that information.
Three new indicators have been added. A closer look will be taken at youth education, employment and training, at long-term unemployment, and at the poverty rates of vulnerable populations.
1. Not in education, employment or training
The percentage of youth and young adults who are not in education, employment or training will be tracked. These individuals “are at higher risk of persistent poverty and social exclusion.” Last year 11.6 per cent of all youth and young adults aged 15 to 29 were in this category. This figure is higher than the national average.
2. Long-term Unemployment
The percentage of working-age Ontarians (aged 25 to 64) who are out of work longer than 6 months will be measured. Last year about 2.0 percent (107,000) of all working-age Ontarians were experiencing long-term unemployment.
3. Poverty Rates of Vulnerable Populations
Over the next five years, the strategy will track the poverty rates of several vulnerable populations. These vulnerable populations will include:
- Aboriginal people living off-reserve
- newcomers, persons with disabilities,
- unattached individuals aged 45 to 64,
- and female lone parents.
Interestingly, of those people 16 years and older who live in poverty, 66 per cent (823,000 people) belong to one or more of these vulnerable groups. In 2011, these groups had a collective poverty rate of 19.4 per cent. The rate of poverty for unattached individuals 45-64 years of age was a shocking 37%.
Realizing Our Potential, as the Strategy is called, can be found at https://dr6j45jk9xcmk.cloudfront.net/documents/3384/en-prs-bklt-aug-28th-approved-final-s.pdf
This story originally appeared in North End Breezes, the community newsletter of Hamilton's North End . You can find North End Breezes at http://www.northendbreezes.com/ Posted October 1, 2014
The War Measures Act came into force 100 years ago today.
Many readers will be aware of the War Measures Act as it was used during the so-called October Crisis in Quebec in 1970. Then, a state of “apprehended insurrection” was declared and more than 450 people were detained under powers of the Act. In the end, only 18 people were convicted of a crime arising from the crisis. Not counting members of the FLQ involved in the kidnapping, only two individuals were convicted under the Public Order Regulations. http://www.historyofrights.com/flq4.html
However, August 22 1914 is the anniversary of the adoption of that Act. It gave the federal government broad powers to use in the First World War Canadian citizens of German, Ukrainian and Slavic descent were imprisoned. Nearly 9,000 were interned. About 75% of that number were citizens i.e. not captured soldiers.
In 1940 during World War II, an Order in Council was passed that defined enemy aliens as “all persons of German or Italian origin who have become naturalized British subjects since September 1922.” Thirty thousand (30,000) individuals were impacted by these Orders. That is, they were forced to register with the RCMP and to report to them on a monthly basis.
Later about 23,000 Japanese Canadians in British Columbia were moved and had their property confiscated.
Closer to home at Ipperwash on Lake Huron, the War Measures Act was used to take land from the Stoney Point First Nation.
The Act was repealed in 1988 and replaced by the Emergencies Act.
Could These Human Rights Abuses Happen Today?
According to Diana Breti from the Centre for Education, Law and Society (CELS) at Simon Fraser University in Vancouver, the new Act differs from the War Measures Act “in two important ways:
1. A declaration of an emergency by the Cabinet must be reviewed by Parliament 2. Any temporary laws made under the Act are subject to the Charter of Rights and Freedoms.”
So, if the government was to try to suspend civil rights of Canadians, even in an emergency, it will have to satisfy a test under the Charter.
Ms. Breti says that under the War Measures Act “the government was influenced more by racial discrimination and anti-immigrant sentiments than by any real threat to national security”.
One hundred years after the adoption of the War Measures Act, we must not forget how vulnerable our human rights can be in times of crisis.
Posted August 22, 2014.
Fast Facts from the Public Service Alliance of Canada
What is happening to Canada’s Employment Insurance (E.I.) Program?
In a word “cuts.”
According to the Public Service Alliance of Canada (PSAC) these cuts make it harder “to help our most vulnerable, reduce inequality, protect seasonal workers and ensure a more fair and prosperous future for our country. “
Here are a few Fast Facts on E.I. cuts adapted from PSAC’s website. More details can be found at http://psacunion.ca/topics/employment-insurance
• The government does not contribute a penny to the Employment Insurance program. E.I. is fully financed by the contributions of employees and employers. Governments “appropriated” $57 billion of accumulated surpluses between 1996 and 2008.
• Employment Insurance fraud is minimal. It amounts to less than 1% of the EI benefits that are paid out each year. Compare that to tax evasion through the use of tax havens. This tax evasion represents between 3.2% and 4.7% of the federal government’s tax revenues.
• E.I. claimants receive only 55% of their insurable weekly earnings, to a maximum of $514 per week. This minimal revenue itself serves as an incentive to find a job quickly.
• Tens of thousands of people have seen delays in processing their employment insurance file as a result of staffing cuts imposed on Service Canada.
• There are six times as many unemployed as there are job vacancies in Canada, a clear sign of a lack of jobs.
PSAC has produced a video which shows how the EI program has deteriorated over the last 25 years. You can see it here http://www.youtube.com/watch?v=hK3L5F4cAgk
Posted July 21, 2014
"Wonderful" News in WSIB Decision
There was a significant decision by the Ontario Workplace Safety & Insurance Appeals Tribunal (WSIAT) in April.
The WSIAT ruled that a section under the Ontario’s Workplace Safety & Insurance Act that limits entitlement for traumatic mental health stress cases is unconstitutional. That is because it is an unjustifiable infringement on equality rights under the Charter of Rights and Freedoms.
The policy that is associated with the legislation is also unconstitutional.
“This is absolutely wonderful news,” according to the Clinic’s Workers Safety and Insurance Board (WSIB) specialist Andrew C. Bomé.
Most of the clients who Bomé has represented in such cases are women who experienced some form of sexual violence in the workplace.
Until now, the way the provisions of the Traumatic Mental Stress Policy have been interpreted by the WSIB and its adjudicators have been problematic. It has not been enough that a women experienced sexual violence in the workplace. The Board and its adjudicators had this notion that certain forms of sexual violence “were not bad enough” to warrant compensation, asserts Bomé.
An excellent analysis of the decision and its implications can be found at http://m.gowlings.com/knowledgecentre/article.asp?pubID=3300s
Gowling Lafleur Henderson is one of Canada’s largest law firms. One of its partners David K. Law, executive editor of the Gowlings Employment and Labour Law Newsletter, analyzed the decision.
Law writes that it is likely that the length