Court finds early CPP requirement for social assistance not discriminatory

While a Court of King’s Bench decision was not in his favour, that won’t stop Peter Gilmer and the Regina Anti-Poverty Ministry.

The group had taken the provincial government to court over a requirement in its Saskatchewan Income Support (SIS) and Saskatchewan Assured Income for Disability (SAID) programs, that clients apply for their Canada Pension Plan (CPP) benefits early, at 60 instead of 65. That money would then be subtracted from the support the programs pay to clients

When a person takes their CPP at 60, the benefits payments are reduced by 34 per cent – so a person who would have gotten the most recent average amount, $808.14 per payment, would instead get $533.37 a month. Clients would continue to receive a lower payment after 65 when other benefits kick in and most people are no longer eligible for SAID.

The anti-poverty ministry argued in court that the federal program should take precedence and that it wasn’t meant to subsidize provincial programs. It said forcing someone to take their benefits early resulted in them getting less from the program altogether, frustrating the supportive point of CPP.

Another argument was also forwarded that forcing a person with a disability to take their CPP early was discriminatory and violated the Charter.

In their arguments, the organization relied a lot on a similar case out of Manitoba where the court of appeal found that Martin Stadler, a man with disabilities on income assistance, was discriminated against when he was forced to apply for early CPP.

However, Justice Colin D. Clackson dismissed all of their arguments.

He wrote that the organization’s arguments mischaracterized the interaction between CPP and the two income support programs, relying on the Saskatchewan government’s explanation that benefits aren’t “clawed back”, that instead a client having CPP means they need less support from the provincial government.

Clackson also said there was no evidence offered that a person taking CPP early lowers the overall value of the person’s CPP to them.

In the third argument, the justice disregarded the decision in the Manitoba case, saying that decision didn’t follow the appropriate two-step instructions to determine discrimination. He then found, because both SIS and SAID program clients have to apply for CPP early, there’s no discrimination based on disability.

“We were very disappointed to see the ruling, we had been hopeful that it might go in our favour,” said Peter Gilmer, advocate with the anti-poverty ministry.

“Every other Canadian has the dignity and choice of being able to decide when they take out their CPP. But people with disabilities on income security or the SAID program, it becomes mandatory, because if they don’t take out their CPP early they would be cut off.”

Gilmer said Saskatchewan is an outlier on this and that, in the big picture, this situation for assistance clients is wrong.

The organization plans to appeal the ruling and it’s expected to be heard in the fall, but Gilmer said there are concerns in the meantime, for those who are in the programs and will have to apply for early CPP in the meantime.

“We’ve been dealing with a lot of people who’ve been on the cusp and we’re concerned about how this affects them long-term,” he said.

The provincial government declined to add anything to the matter as the case is still within the appeal period.