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ODSP - Benefits. Ontario (Minister of Children, Community and Social Services) v. Robinson-Cooke
In Ontario (Minister of Children, Community and Social Services) v. Robinson-Cooke (Div Court, 2024) the Divisional Court dismissed a Crown JR respecting a claimant-successful (and unusual) ODSP 'guide dog benefit' (GDB) HRTO 'disability' decision.
Here the court reviews the ODSP regulations, applicable 'policy directives' and Ministry practice aspects of the GDB program:[2] Ms. Robinson-Cooke was a recipient of benefits under the Ontario Disability Support Program (“ODSP”). Her physician had recommended that she would benefit from the assistance provided by a service animal for her disabilities and in his opinion, this was particularly necessary for her mental health needs. Ms. Robinson-Cooke found that, in spite of what the Tribunal noted were significant efforts on her part, she could not get access to a service dog accredited by Assistance Dogs International (“ADI”), the only organization that Ontario recognized and accepted as the provider of eligible service animals under the GDB. The Tribunal found that this was at least in part due to the fact that there were no ADI organizations in Ontario that train and accredit service dogs to support persons with mental health disabilities (unless the person seeking the service dog was either a veteran or a first responder).
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GDB Legislation
[5] The GDB is a financial assistance program created pursuant to s. 44(1) of O. Reg. 222/98: GENERAL under the ODSPA. Section 44(1)5 reads:44.(1) The following benefits shall be paid with respect to each of the members of a recipient’s benefit unit if Ontario is satisfied that he or she meets the criteria for them and income support is being paid on his or her behalf:
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GUIDE DOG
5. If a member of the benefit unit has a guide dog, an amount not exceeding $84 for the care of the guide dog. [6] Section 9.9 of the Ontario Disability Support Program Policy Directives for Income Support (“GDB Policy Directive”) states that the purpose of the GDB is “to assist with the costs for the routine care of specially trained dogs certified for use as a guide, hearing or service dog by an accredited training facility. If eligible, the recipient of the benefit receives $84 per month.
Eligibility Criteria for the GDB
[7] To receive the GDB, an ODSP recipient must satisfy the eligibility criteria in s. 9.9 of the GDB Policy Directive which states:. The benefit is payable only for a dog that has been trained and certified by an accredited facility for use as a guide, hearing or service dog (“Assistance Dogs”);
. Verification of certification from an accredited training facility is required;
. an “accredited training facility” is:. for guide dogs, a facility that is listed in the Blind Persons’ Rights Act, Regulation 58, a facility that meets the minimum standards established by Assistance Dogs International and that is a member of Assistance Dogs International or a facility that meets the minimum standards of the International Guide Dog Federation and that is a member of the International Guide Dog Federation
. for hearing and service dogs, a facility that meets the minimum standards established by Assistance Dogs International and that is a member of Assistance Dogs International [the “ADI Requirement”]. ....
The ADI Requirement
[13] Assistance Dogs International is an international coalition of not-for-profit organizations that raise, train, and certify Assistance Dogs. ADI members are charitable organizations, that often provide their services for free. The ADI has established minimum standards (“ADI Standards”) for the training and certification of Assistance Dogs to ensure that the dogs and their handlers can perform disability-related tasks safely and effectively in a variety of settings. According to Ontario, the ADI Standards are the only internationally recognized standards for the training of Assistance Dogs. These standards apply to all types of Assistance Dogs for people with a varying range of disabilities.
[14] Components of the ADI Standards include:. the standards for the training that an Assistance Dog must receive to perform tasks that might help mitigate the impacts of a person’s disability;
. requirements for behaviour and temperament training, including passing the PAT [Public Access Test];
. matching Assistance Dogs with handlers;
. training handlers on how to properly use an Assistance Dog; and
. educating handlers on how to properly care for Assistance Dogs to ensure their health and welfare. [15] ADI is the only designated organization recognized under the GDB Policy Directive for training and accrediting service dogs in Ontario for the purposes of obtaining the benefit.
[16] A dog and their handler must pass all components of the ADI Standards before the dog can be certified as an Assistance Dog, and thus be eligible for the GDB.
[17] According to Ontario, without the ADI Standards, the government is unable to verify whether an Assistance Dog has sufficient training to do its job safely and effectively.
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