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Denying support to alcoholics is discrimination: court

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Date: Friday Sep. 17, 2010 10:46 AM ET

TORONTO — The Ontario Court of Appeal has upheld rulings that denying two chronic alcoholics long-term support payments would violate the province's Human Rights Code.

The Ontario Disability Support Program had argued over the years the men should be ineligible for benefits because their sole impairment was severe alcoholism.

That argument had been rejected by the Social Benefits Tribunal in 2006 and last year by the Ontario Divisional Court, and the support program director took the case to the Appeal Court.

The Appeal Court on Thursday upheld the earlier rulings, saying that denying benefits to Robert Tranchemontagne and Norman Werbeski -- who died a year ago -- would be discriminatory, based on their disability.

It rejected arguments the men should instead collect welfare, which would require them to look for a job and get help with their alcoholism.

Welfare payments would be about half of what recipients receive in long-term disability.

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