The Ontario Social Benefits Tribunal has ruled that a foreign migrant living illegally in Canada is eligible for provincial welfare benefits, in a decision that revealed intake workers deliberately avoided conducting immigration checks to protect the applicant's ability to remain in Canada.
Case Details and Background
The tribunal heard the appeal of a man who entered Canada in 1997 on a temporary work permit. After his permit expired four years later, he remained in the country without legal status. He supported himself through cash jobs until 2023, when he entered the homeless shelter system.
When he applied for benefits under Ontario Works, the provincial social assistance program, his application was denied due to his lack of immigration status. However, the tribunal found that an intake officer had not conducted an immigration search to verify his eligibility, specifically "to avoid possibly jeopardizing the appellant's situation in Canada."
Legal Interpretation of Ontario Works Act
The tribunal adjudicator, Eric Brown of Waterloo, Ont., focused on the precise wording of the Ontario Works Act. The law outlines three exclusionary classes for benefits: visitors, tourists, and individuals with a deportation or enforceable removal order. The province argued the man had no status and was here illegally, but the applicant contended that the denial did not comply with provincial regulations.
Brown examined dictionary definitions and previous tribunal interpretations, concluding that tourists and visitors are those who enter Canada for a short period or temporary purpose. Given the man's 27-year presence in Canada and the roots he established, Brown ruled he fell outside those definitions. No evidence showed he had been ordered removed by federal immigration authorities.
Ruling and Implications
Brown agreed with the applicant that legal immigration status is not a prerequisite for welfare under Ontario's act, as long as the applicant does not fall under the three specifically named criteria. He declared the denial of benefits "incorrect and rescinded" and ruled the man eligible for financial benefits.
The decision, released in May, does not identify the applicant, consistent with tribunal practice. The man's lawyer, from a community legal clinic, did not respond to questions before publication. The Minister of Children, Community and Social Services also did not provide comment.
