LESSONS TO BE LEARNED: THE DECISION OF THE SOCIAL BENEFITS TRIBUNAL IN TRANCHEMONTAGNE V. ONTARIO (DIRECTOR, DISABILITY SUPPORT PROGRAM)
In April 2009, the Ontario Social Benefits Tribunal ended a 10 years battle for appellants, Norman Werbeski and Robert Tranchemontagne in its deliberation that the Ontario Disability Supports Program Act violated their rights as enshrined in the Ontario Human Rights Code when it failed to recognize their alcoholism as a disability. 

Drawing specific excerpts from the Respondents (Ontario government) defence and the Social Benefit Tribunal’s decision, the essay looks at how government policy affects persons with substance addiction and argues that Section 5(2) of the ODSPA places burdens on substance abusers and contributes significantly to their social stigma. 

The outcomes of excluding substance addiction from the United States Social Assistance Programmes are reviewed and referred to in analyzing the Respondent’s claims. The conclusion highlights how this case reflects key steps towards greater inclusion for persons with disabilities and in particular for those whose disability is addiction and alcoholism. 

Keywords: Social Benefits Tribunal, Ontario Disability Supports Program Act, alcoholism, disability, stigma
Parallel Process: Moral Failure, Addiction and Society
Recent legislation restricting disability and other financial benefits for persons with substance related disorders provides the latest chapter in this country's relationship with mind altering chemicals and its attempts to control their use. Whether seen from the perspective of a substance user or from that of an angry and insecure public, this relationship seems to lead inevitably to self-destructive processes. This paper will examine the historical context of drug control policy in this country and the impact of current policy on vulnerable populations and on society as a whole. Parallels between factors which drive addictive disorders and those that perpetuate ineffective public policy will be considered along with their moral implications.
Substance Use among Welfare Recipients: Trends and Policy Responses
Substance use by welfare recipients is frequently mentioned as a barrier to well‐being and social performance. This article uses nationally representative cross‐sectional data and Michigan‐specific panel data to summarize trends in substance use among AFDC/TANF recipients. It also examines the prevalence of substance dependence within the welfare population. Although almost 20 percent of welfare recipients report recent use of some illicit drug during the year, few satisfy criteria for drug or alcohol dependence as indicated by the short‐form Composite International Diagnostic Interview. The article concludes by considering policy responses to substance use disorders following welfare reform.