LEAF logo
LEAF logo
DONATE
MENU
LEAF logo

Contact

DONATE
Informations en français
  • English
  • Français
  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
    • Employment Opportunities
    • Student Positions
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Basic Income Project
      • LEAF’s Feminist Strategic Litigation Project
      • LEAF’s Technology-Facilitated Violence (TFV) Project
      • National Abortion Access Framework
      • Reproductive Justice Project
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kingston
    • LEAF Ottawa
    • LEAF Québec
    • LEAF Thunder Bay
    • LEAF Toronto
    • LEAF Windsor
  • Get Involved
    • Ways to Get Involved
    • Donate
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
Menu
  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
    • Employment Opportunities
    • Student Positions
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Basic Income Project
      • LEAF’s Feminist Strategic Litigation Project
      • LEAF’s Technology-Facilitated Violence (TFV) Project
      • National Abortion Access Framework
      • Reproductive Justice Project
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kingston
    • LEAF Ottawa
    • LEAF Québec
    • LEAF Thunder Bay
    • LEAF Toronto
    • LEAF Windsor
  • Get Involved
    • Ways to Get Involved
    • Donate
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
Home / Cases and Law Reform / Search Cases & Submissions

Case Summary

Broomer v. Ontario (2003)

This case challenged the constitutionality of Ontario’s lifetime ban on receiving welfare for individuals convicted of welfare fraud.   

LEAF intervened before the Ontario Divisional Court in partnership with: 

  • Charter Committee on Poverty Issues 
  • Canadian Association of Elizabeth Fry Societies 
  • DisAbled Women’s Network Canada (DAWN) 
  • Income Security Advocacy Centre 
  • Steering Committee on Social Assistance 
  • Ontario Social Safety Network  

The Ontario government repealed the lifetime ban prior to the hearing of the case.   

Facts  

Mr. Broomer received benefits from Ontario Works, but did not report all of the payments he received from the Workers’ Compensation Board. He was then convicted of fraud over $5000, ordered to make restitution, and subjected to a lifetime ban from receiving welfare because of his conviction. His monthly income declined to $1,350 from $2,300, and his monthly family budget fell to $1,515.  

Similarly, Mr. Beauparlant was convicted of welfare fraud for failing to fully report his income from the Workers’ Compensation Board. He faced mental health challenges, and was unable to purchase his medication as his drug card was suspended after he was banned from receiving welfare. He was left with $77 a month to support himself.   

Arguments  

The Coalition argued that the lifetime ban violated sections 7, 12 and 15 of the Charter.  

The Coalition argued that the ban violated s. 7 by denying those in need access to a basic public service deeply linked to life, liberty, and security of the person. It reinforced stereotypes and prejudice and deepened the impoverishment of low-income individuals. It provided no room to consider the particular circumstances leading to the lifetime ban, and no opportunity for reconsideration where a person showed remorse and rehabilitation.   

The Coalition also argued that the lifetime ban violated s. 12 as it degraded human dignity by intentionally worsening the individual’s existing poverty, and the punishment went beyond what was required.   

Finally, the Coalition argued that the lifetime ban infringed s. 15 because it discriminated against individuals who were in need and required social assistance – reinforcing the discriminatory belief that those who require social assistance are morally inferior and undeserving of support.    

Outcome  

The hearing was originally set for October 2003 in the Ontario Divisional Court. However, a newly-elected provincial government decided to repeal the lifetime ban prior to the hearing. As a result, the action was withdrawn.  

LEAF is grateful to Jennifer Scott and Chantal Tie, counsel in this case. 

Download the factum here. 

Our records are imperfect, but we are doing our best to update them – if you were involved with LEAF on this case but your name is not reflected here, please email us at [email protected].

Case Documents

September 16, 2003
Ontario Divisional Court Factum

Case News

Loading...
Help us promote gender equality
Donate to support equality

Search Cases & Submissions

  • Issue Area

  • Type

  • By Date

  • Keyword

  • Reset search
Help us promote gender equality
Donate to support equality

Stay up to date on feminist law and LEAF’s work to advance gender equality



Related Project

Loading...
Elderly 95 years old woman sitting miserably at the table at home and counting remaining coins from the pension in her wallet after paying the bills.
Current Work
Basic Income Project

Related Cases

Loading...

Canadian Alliance for Sex Work Law Reform v. Canada (Attorney General)

This case is about the constitutionality of Criminal Code sex work provisions.

Colucci v. Colucci (2021)

This case concerned retroactive decreases in child support obligations
More Cases

Related Cases

Loading...

Canadian Alliance for Sex Work Law Reform v. Canada (Attorney General)

This case is about the constitutionality of Criminal Code sex work provisions.

Colucci v. Colucci (2021)

This case concerned retroactive decreases in child support obligations
More Cases

Related Issue Area

Loading...

Socio-Economic Rights

Case Summary

Broomer v. Ontario (2003)

Sidebar Placeholder

LEAF_FAEJ_hz_names_colour_rgb_rev
Donate to support equality

National Office
180 Dundas Street West, Suite 1420
Toronto, ON M5G 1Z8
[email protected]
Phone: 416.595.7170
Toll-free: 1.888.824.5323
Facsimile: 416.595.7191

Stay up to date on feminist law and LEAF’s work to advance gender equality



LEAF_FAEJ_hz_names_colour_rgb_rev

National Office
180 Dundas Street West, Suite 1420
Toronto, ON M5G 1Z8
[email protected]
Phone: 416.595.7170
Toll-free: 1.888.824.5323
Facsimile: 416.595.7191

Charitable Registration Number: 10821 9916 RR0001

Facebook-f Twitter Instagram

Stay up to date on feminist law and LEAF’s work to advance gender equality



Donate to support equality

© 2020 Women’s Legal Education & Action Fund (LEAF). All rights reserved. | Legal & Privacy | Accessibility | Website by Affinity Bridge

MENU

  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
    • Employment Opportunities
    • Student Positions
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Basic Income Project
      • LEAF’s Feminist Strategic Litigation Project
      • LEAF’s Technology-Facilitated Violence (TFV) Project
      • National Abortion Access Framework
      • Reproductive Justice Project
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kingston
    • LEAF Ottawa
    • LEAF Québec
    • LEAF Thunder Bay
    • LEAF Toronto
    • LEAF Windsor
  • Get Involved
    • Ways to Get Involved
    • Donate
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
  • English
  • Français