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.
Kirner’s deformity of the fifth finger: a case report
BackgroundKirner’s deformity is a rare bony deformity that is characterized by radial and volar curvature of the distal phalanx of the fifth finger. Affected patients usually present after the age of 5 years, with girls more affected than boys and bilateral involvement more common than unilateral.Case presentationWe report a case of an eight-year-old girl who presented with progressive deformity of the right little finger. Radiographic evaluation revealed volar and radial curvature of the distal phalanx of the right fifth digit. Magnetic resonance imaging (MRI) further revealed the deformity along with widening of the physeal plate, lack of soft tissue enhancement and normal insertion of the flexor digitorum profundus tendon. The patient was followed conservatively for two years and is now being considered for corrective osteotomy.ConclusionKirner’s deformity is a rare abnormality of unknown etiology. Diagnosis is made with clinical examination and imaging evaluation. Clinicians should be aware of this uncommon deformity and differentiate it from other mimickers such as infection, physeal fracture, camptodactyly, and clinodactyly.