Charter challenge filed against Sask. government's disability program
The Regina Anti-Poverty Ministry filed a charter challenge against the provincial government for stipulations in its disability program that require seniors to take their Canada Pension Plan (CPP) money out early.
Peter Gilmer, an advocate with the anti-poverty ministry, said the Saskatchewan Assured Income for Disability (SAID) program forces seniors to take out their CPP money at age 60, which he calls discriminatory.
“There’s no other group, besides folks on income assistance, who, for a voluntary pension program, have the requirements of having to take it out,” he said. “Also, it’s discriminatory because of situational poverty related to disability.”
Gilmer said those forced to take out their CPP at age 60 would have fewer benefits at 65.
“It could be as much as 48 per cent of your CPP pension lost when you need it,” he said. “What it means for the long term is that you have less income as a senior, so it’s taking people who are already living in deep poverty and meaning that poverty will be deeper for the rest of their life.”
Gilmer said the charter challenge was filed on Tuesday afternoon. The group is challenging the government policy as being discriminatory on the basis of the Charter of Rights and Freedoms, specifically section 15.
“The argument is that this is an infringement of equality rights,” he said. “We’ve had many folks that we’ve worked with over the years been impacted negatively by this particular policy, and we felt that a charter challenge was necessary.”
Gilmer referenced a Manitoba court case from 2020, where the Court of Appeal ruled that a man with disabilities was discriminated against when he was forced to apply for his CPP when he turned 60.
“Being forced to apply early for CPP benefits rather than at the age of 65, permanently reduces the income of a person with physical disabilities. The resulting reduction in their CPP benefits leaves them more at risk of remaining in poverty with the possibility of lifetime dependence on income assistance. As well, the forced choice takes away recipients’ autonomy and affects their dignity,” read the Court of Appeal document.
Gilmer said apart from Saskatchewan, New Brunswick is the only other province that maintains this particular policy. He is hoping to get the policy changed.
“Ideally, the provincial government will take a look at this and decide that this makes sense to make the change,” he said.
Once the group hears back from the Government of Saskatchewan, Gilmer said the matter should be before the courts in the months to come.
In a statement from the Ministry of Social Services on Thursday afternoon, they said they are in the process of working with the Ministry of Justice to review the claim.
“As this matter is now before the courts, we are unable to comment further,” the statement read.
“We encourage any individual with questions about their SAID benefits to reach out and speak to their worker.”
CTVNews.ca Top Stories
Widow looking for answers after Quebec man dies in Texas Ironman competition
The widow of a Quebec man who died competing in an Ironman competition is looking for answers.
Tom Mulcair: Park littered with trash after 'pilot project' is perfect symbol of Trudeau governance
Former NDP leader Tom Mulcair says that what's happening now in a trash-littered federal park in Quebec is a perfect metaphor for how the Trudeau government runs things.
World seeing near breakdown of international law amid wars in Gaza and Ukraine, Amnesty says
The world is seeing a near breakdown of international law amid flagrant rule-breaking in Gaza and Ukraine, multiplying armed conflicts, the rise of authoritarianism and huge rights violations in Sudan, Ethiopia and Myanmar, Amnesty International warned Wednesday as it published its annual report.
Photographer alleges he was forced to watch Megan Thee Stallion have sex and was unfairly fired
A photographer who worked for Megan Thee Stallion said in a lawsuit filed Tuesday that he was forced to watch her have sex, was unfairly fired soon after and was abused as her employee.
Amid concerns over 'collateral damage' Trudeau, Freeland defend capital gains tax change
Facing pushback from physicians and businesspeople over the coming increase to the capital gains inclusion rate, Prime Minister Justin Trudeau and his deputy Chrystia Freeland are standing by their plan to target Canada's highest earners.
U.S. Senate passes bill forcing TikTok's parent company to sell or face ban, sends to Biden for signature
The Senate passed legislation Tuesday that would force TikTok's China-based parent company to sell the social media platform under the threat of a ban, a contentious move by U.S. lawmakers that's expected to face legal challenges.
Wildfire southwest of Peace River spurs evacuation order
People living near a wildfire burning about 15 kilometres southwest of Peace River are being told to evacuate their homes.
U.S. Senate overwhelmingly passes aid for Ukraine, Israel and Taiwan with big bipartisan vote
The U.S. Senate has passed US$95 billion in war aid to Ukraine, Israel and Taiwan, sending the legislation to President Joe Biden after months of delays and contentious debate over how involved the United States should be in foreign wars.
'My stomach dropped': Winnipeg man speaks out after being criminally harassed following single online date
A Winnipeg man said a single date gone wrong led to years of criminal harassment, false arrests, stress and depression.