Self

In 1995 the government of Ontario made an unjust law that discriminated against people who receive Social Assistance. Before 1995, the rules that applied whether a social assistance recipient was living in a “spousal” relationship were the same rules that applied in family law dealings.

In Family Law, you do not have a right to support as a “spouse” until you are legally married, have a child together or have lived together for 3 years.

In 1995, the government of Ontario changed the social assistance rules so that it was presumed that anyone who lived in the same place as a person of the opposite sex was that person’s spouse, unless they could prove otherwise. People were treated as couples even though they were not couples for any other legal purpose and they had no legal obligation to provide support for the other. The people of Ontario challenged this unfair social assistance law in court and won. The government appealed this decision and lost. The reasons for the decision made it clear that the people of Ontario should not be discriminated against because they are poor.

In June 2002 the government of Ontario made a new law in response to their loss in the courts. The change in regulations in June means your relationship status will not be assessed unless you have lived with one roommate for a period of three months. This change will not make the law any less discriminatory, as the law that applies to everyone else allows a period of three years.

T Once you have lived with another adult for three months, OW or ODSP will investigate your living arrangements to see whether or not they consider you as “spouses”, unless you can show that you are close relatives. You will be asked if you think about yourselves as “spousal”, as a “couple” or if you have a “marriage-like” relationship. You will be considered spousal if you tell your OW or ODSP worker that you do. If you deny that you are, your worker may still decide that you are living in a “marriage-like” relationship.

* Note: Because the process of determining spousal status is long and complicated, workers may try to pressure you to “self-declare” or admit that your relationship is spousal. You should be careful not to admit this unless you are clear about what this will mean for your benefits and you really agree that the relationship is “marriage-like”.

Part I This is simply the part where you state that you are legally married or you will agree to the assumption that you are a couple living in a marriage-like relationship. If you are legally married, have a child together or have said you are living in a “marriage-like” relationship you will not need to continue to Parts II and III. They will calculate your eligibility and amount according to “family” income. Otherwise you must carefully choose the relationship that best describes your financial arrangements with your co-resident. Boarders generally receive a room and meals; roomers get a room, but provide their own meals that maybe prepared in a shared kitchen; roommates and friends generally describe the same kind of financial living arrangement, however the social aspects may be different if you knew the person before renting a home together.

Part II If you answered that you are not legally married or living in a “marriage-like” relationship, this section tries to find evidence of spousal status through the details of the financial aspects of your co-resident living arrangement. It is critically important to keep all your financial affairs separate, including no joint ownership of any assets (such as a car or property) or any shared debts. For example, it is not a good idea for one roommate to pay the hydro and one to pay the heat. It is better for each to pay ½ of each directly to the utility companies and to keep records of payment, even if you cannot get the service in your name. Even if your roommate is the best of friends, do not accept any offers or requests to include you or your children in his or her financial affairs, including income tax claims, pensions, life insurance, wills and benefit plans – you will be considered spousal under the current law if you do.

Part III This part is similar to the financial section except it deals with your family and social life. You should not be required to answer these questions if your answers in Part II indicate that no “marriage-like” relationship exists. If you indicate that family, friends, social or public agencies or your child(ren)’s school recognize you as a couple or consider your roommate as a step-parent, you can be deemed as spouses or same-sex partners.

R If you are assumed to be a couple living in a spousal or same-sex partner relationship and you disagree, you must make a written request for an “Internal Review” within 10 days of the decision. If OW or ODSP refuses to change its decision, you will have another 30 days to appeal to an independent decision-making body called the Social Benefits Tribunal. If you have not heard back that the decision was reversed, within 10 days, you should file an appeal to the Social Benefits Tribunal. The 10-day time limit is very important- Don’t miss it!

Whether or not you are successful in appealing the decision that you are a “spouse”, it can still be argued that the current definition violates the Charter of Rights if you have not lived together for three years.

The law in this area is complicated and the stakes can be very high. If you want to challenge a decision that you are spouses, we strongly urge you to contact a Community Advocate at LIFE*SPIN or call your local legal clinic

You have the same rights as all Canadians – ask for help to defend them and keep them strong for all.

Fire Hall # 5 Publications

IF YOU NEED ASSISTANCE WITH AN APEAL OR IF YOU WISH TO CHECK THE CURRENT LEGISLATION, PLEASE CALL TO SPEAK WITH A LIFE*SPIN COMMUNITY ADVOCATE AT 438-8676 OR CONTACT YOUR LOCAL LEGAL CLINIC

Written by Jacqueline Thompson & published by LIFE*SPIN with the support of the Ontario Social Safety Network & the Law Foundation of Ontario