PAR T C -Deci s i on under Appeal The de cisi on under a ppeal is t h e Ministry of Social Development an d Social I nnovation ( t he "m i nistry") reco nsideration decisi on of August 8 , 2014, which denied the appellant's re quest fo r income assistance. The min istry hel d that the app el lant was not eligible for inc o me assistan c e for he r lifetime due t o a conviction o f fra ud under the C r im ina l Code of Canada pu rsuant t o Sec t ion 1 5(1) and (5) of the Employ ment and Assis tance Act. PART D -R elevan t Leg islat i o n E m ploy me n t and Assista nce A ct (EAA) -Sectio n 15 EAAT003(10/06/01)
PART E -Summary of Facts The information that was before the ministry at reconsideration consisted of: • A Restitution Order dated February 5, 2008 which indicated the amount of restitution to be paid to the ministry by the appellant was $11,31 O; • A Conditional Sentence Order with Conditions dated February 5, 2008 which noted the appellant would make restitution to the ministry at a rate of $150 per month commencing February 15, 2008; • A Notice of Victim Surcharge dated February 5, 2008 which indicated the appellant must pay $100; • An Investigation Registration and Conclusion report by the ministry dated February 11, 2008 which noted .the appellant was convicted of fraud after entering a guilty plea; • A letter from the ministry to the appellant dated February 11, 2008 which informed the appellant that as a result of her conviction under the Criminal Code in relation to obtaining money under the EAA, she is now subject to the applicable sanction which according to her family unit is for her lifetime; • An Application for Income Assistance (Part 2) dated July 18, 2014; • A Request for Reconsideration dated July 23, 2014; and • A letter from the appellant to the ministry dated July 24, 2014 which indicated that her conviction of fraud was a onetime offence. She further describes the personal events that took place in her life prior to the conviction. The appellant states that with time and the economy her health issues have been difficult and she has no family and no one to ask for help. The appellant states that she plead guilty because she wanted to get on with her life, unknowing how serious this outcome would affect her life forever -never to be bondable. She indicates that she lives her life honestly and is in serious need of help. She is trying to pay back the ministry and maintain some sort of life. She states that she needs medical help and is desperate to get out from where she currently resides -a storage room in a garage without windows and air. She adds that she is physically sick, cannot afford to purchase the medication that she needs to help her breathe and has Post Traumatic Stress Disorder. The appellant requests help from the ministry at this time. Oral Testimony The appellant testified that she was on probation for 2 years, released on good behavior and has found it difficult to keep a job. She indicated that she had a serious fall at work in 1998 in another province and has never received any money from WCB and her claim has never been settled. She stated that she doesn't have medical insurance and needs health care. In response to a question by the panel, the appellant stated that her last payment to the ministry was 2 years ago and her debt is down to $6000. In response to a question by the ministry about whether she had applied for hardship assistance, the appellant stated that she thought that the appeal included that process as she had written her need for help in her request for reconsideration. In addition, the appellant stated that she had paid $35 to get a doctor's letter to present as evidence at the hearing. The appellant further stated that she tried to get an advocate without success. The appellant's friend testified that he has known her for 5 years and that her body is broken, she suffers from PTSD and is being treated badly by her landlady. He confirmed that she lives in a EAAT 003(10/06/01)
s t o r a g e s p a c e i n a g a r a g e w i t h o u t w i n d o w s o r f r e e t r e a t m e n t . T h e m i n i s t r y s t o o d b y t h e r e c o n s i d e r a t i o n d e c i s i o n . l i f e t i m e b a n w a s d u e t o t h e f a c t t h a t t h e a p p e l l a n t h t h a t t h i s w a s a p r o c e s s u s u a l l y r e s e r v e d f o r p e o p l e r e p r e s e n t a t i v e f u r t h e r s t a t e d t h a t m o v i n g f o r w a r d ; t h F i n d i n g s o f F a c t T h e a p p e l l a n t i s a s i n g l e p e r s o n a n d i s n o t c u r r e n t l y O n F e b r u a r y 5 , 2 0 0 8 , t h e a p p e l l a n t w a s c o n v i c t e d o S e c t i o n 3 8 0 ( 1 ) ( a ) o f t h e C r i m i n a l C o d e i n r e l a t i o n t o E AA T 0 0 3 ( 1 0 / 0 6 / 0 1 )f l o w i n g a i r . H e s t a t e d t h a t s h e n e e d s m e d i c a l T h e m i n i s t r y r e p r e s e n t a t i v e e x p l a i n e d t h a t t h e a d b e e n c h a r g e d u n d e r t h e C r i m i n a l C o d e a n d w h o c o m m i t t e d f r a u d r e p e a t e d l y . T h e m i n i s t r y e a p p e l l a n t c o u l d a p p l y f o r h a r d s h i p a s s i s t a n c e . i n r e c e i p t o f a s s i s t a n c e . f a n o f f e n s e o f f r a u d o f o v e r $ 5 , 0 0 0 c o n t r a r y t o o b t a i n i n g a s s i s t a n c e u n d e r t h e E A A .
PART F -Reasons f o r P anel De c is i on The issue in thi s ap peal is t he reaso n a bleness of the 201 4, whi ch hel d that t h e appell ant w a s not el igible for inc co n vi ct io n of fraud under the Cr imi n al Code of Ca nada Empl o y me nt and Assistanc e Act. Rele van t Legislatio n Cons equ e nces for co nvict ion or judgment in relat ion to Act 15 (1) A family unit tha t in c lud es a p e rson who is co nvicted of an offe obtai nin g money, und er t his Act or t he Employment a nd Assista false or misleadi ng represe ntat io n is su bject to t he consequence d matc h es t he pers on's fa mily uni t fo r th e lif etime of t he pe th e date of the convi c ti on. (2) A family u nit th at inc ludes a pe r son who is convicted of an f or Perso n s with Disa bil it ies A ct is s ubjec t to t he co n s equ ence descr t h e perso n's f amily unit, beginning wit h the fir st c a lendar mo n t (a) afte r a fi rst conv i c ti on , for a period of 12 consecu tive m o nths, (b) after a second conviction, f o r a p e riod o f 24 c o nsecutive m ( c ) afte r a thir d convic t ion, for the lifetime of th e pers on . ( 3) lf { a) [R e pealed 2 00 6 -22 -3.] ( b ) a c ourt h as give n judg ment in fa vour of t he go v ernment in an as si st ance , hards h ip assist ance o r a supple ment un der t hi s Act, suppl em ent und e r the Employmen t and A ssistance for Person u nless th e in c ome assi s t an ce, h a rds hi p as sist anc e, di sab i lity as i n e r ror, the mini s ter may d e clare that the perso n's family unit is subject f or a fa mi ly u nit t h a t m a tches th e person' s famil y uni t f or the prescrib following the date of the judgment. ( 4) The periods prescribed for the purpose of subsection (3) may vary with the number of (5) If a family unit includes ( a) o nly p er s ons described in subsection (1) or (2), or subsection {3) if the minister has made a declaration under that subsection, the family unit is not eligible for income assistance for the applicable period, and (b) one or more persons described in subsection (1) or (2), or subsection (3) if the minis that subs e ctio n, a nd at lea st one o ther person, th e am o unt of income provided to or for the family unit m u s t be reduced by the prescribed amount for the applicable period. T he appellant ar g u ed that her conviction was fo r a f irst of Section 15(2)(a) wh ere it indicated that af t er a first conviction, f the appella n t would not be eligible for assistance. The appellant further argued that sh received the mini stry's letter dated February 11, 2008 informing her of the lifetime sanction until she received the appeal record. The appellant stated that she is in need of health treatment, a better place to live and has no one to ask for helo. EAA T003(10/06/01) ministr y ' s r e conside ratio n dec isio n of A ugu st 8, o me as sistance for her lifeti me due to a pursuant t o S ection 1 5(1) an d (5 ) of the nc e und er the Criminal Code in relation t o n ce for Pers o n s with Disab i litie s A c t, by fra ud or e scribe d in su bse ct i on ( 5 ) for a family unit tha t rson, begin nin g wi t h the first ca l end a r m on th fol lowi n g off e nce under this A ct or the E m pl o y ment and Ass ist anc e ib ed i n sub sect ion ( 5) f o r a f a mily unit th at mat c hes h following the date o f con viction, onth s , and action f o r debt again s t a p erso n f o r obt aining in c ome o r di s abi lity assista n ce , hard shi p as sista n c e or a s w it h D is a bilit ies Act, for which h e o r s he wa s not eligib l e, sis t anc e o r supplement was p rovide d to o r for the person to t he con se quence d esc ribed in su b s ect i on (5 ) e d p eriod, beg inning wi t h th e firs t c alenda r mo nth a pplicab le judgments. ter has m a de a declaration under ass istance, h ar d ship a ssistance or a supplement fence an d referred to the leg i slation un d e r or a period of 12 c ons ec ut ive m onths, e never
T h e m i n i s t r y ' s p o s i t i o n i s t h a t t h e a p p e l l a n t w a s c o n o v e r $ 5 , 0 0 0 c o n t r a r y t o S e c t i o n 3 8 0 ( 1 ) ( a ) o f t h e C r i u n d e r t h e E A A a n d t h e l i f e t i m e s a n c t i o n o f i n e l i g i b i l i t h e m i n i s t e r m a y p r o v i d e h a r d s h i p a s s i s t a n c e f o r f a m o t h e r w i s e e x p e r i e n c e u n d u e h a r d s h i p a n d w h o s e p h m i n i s t r y c o n c l u d e d t h a t a d e c i s i o n r e g a r d i n g e l i g i b i l i m a d e a n d d e n i e d . P a n e l ' s F i n d i n g s T h e p a n e l f i n d s t h a t t h e a p p e l l a n t w a s c o n v i c t e d o n $ 5 , 0 0 0 i n r e l a t i o n t o o b t a i n i n g m o n e y u n d e r t h e E m p 3 8 0 ( 1 ) ( a ) o f t h e C r i m i n a l C o d e o f C a n a d a . T h e p a n e d e t e r m i n e d t h a t p u r s u a n t t o s e c t i o n 1 5 ( 1 ) o f t h e E A A c o n s e q u e n c e w h i c h b e g a n o n e m o n t h a f t e r t h e a p p e t o ( 5 ) t h e l i f e t i m e c o n s e q u e n c e f o r a s i n g l e p e r s o n w a s s i s t a n c e . H a v i n g r e v i e w e d a n d c o n s i d e r e d a l l o f t h e e v i d e n c e t h e m i n i s t r y ' s d e c i s i o n t h a t t h e a p p e l l a n t i s n o t e l i g i b s u p p o r t e d b y t h e e v i d e n c e a n d t h e r e f o r e c o n f i r m s t h E AA T 0 0 3 ( 1 0 / 0 6 / 0 1 )v i c t e d i n F e b r u a r y 2 0 0 8 o f a n o f f e n s e o f f r a u d m i n a l C o d e i n r e l a t i o n t o o b t a i n i n g a s s i s t a n c e t y b e g a n M a r c h 1 , 2 0 0 8 . T h e m i n i s t r y n o t e d t h a t i l y u n i t s w i t h c r i m i n a l c o d e c o n v i c t i o n s w h o y s i c a l h e a l t h w i l l b e i n i m m i n e n t d a n g e r . T h e t y f o r h a r d s h i p a s s i s t a n c e w a s n o t p r e v i o u s l y F e b r u a r y 5 , 2 0 0 8 o f o n e c o u n t o f f r a u d o v e r l o y m e n t a n d A s s i s t a n c e A c t , u n d e r s e c t i o n l a l s o f i n d s t h a t t h e m i n i s t r y r e a s o n a b l y , t h e a p p e l l a n t i s s u b j e c t t o a l i f e t i m e l l a n t ' s c o n v i c t i o n o n M a r c h 1 , 2 0 0 8 a n d p u r s u a n t h o h a s n o d e p e n d a n t s i s i n e l i g i b i l i t y f o r i n c o m e a n d t h e r e l e v a n t l e g i s l a t i o n , t h e p a n e l f i n d s t h a t l e f o r i n c o m e a s s i s t a n c e w a s r e a s o n a b l y e m i n i s t r y ' s d e c i s i o n .
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.