8. Poverty, mental health and addiction

People with psychosocial disabilities are more likely to have low incomes than people without psychosocial disabilities, and many people live in chronic poverty. In the OHRC’s mental health consultation, as well as in its housing policy consultation, it heard a great deal about the links between mental health, addictions and societal factors such as poverty, homelessness, lower levels of education, inadequate levels of public assistance and other social supports, and a lack of affordable housing. For example, many people who have psychosocial disabilities receive public assistance. Receiving public assistance may be inherently linked to experiencing a psychosocial disability; people who can only work intermittently due to disability-related factors may seek public assistance, such as Ontario Disability Support Program (ODSP) benefits, for additional income support.

Poverty has significant impacts on people with psychosocial disabilities, including on their personal dignity, ability to care for their families, their physical and mental health, and their ability to be fully included in their communities. At the most extreme end, poverty and a lack of affordable housing in Canada have created a crisis where people are left homeless. People with mental health issues and addictions experience high rates of homelessness.[81] Legal decision makers have recognized that people who are homeless are among the most vulnerable in society and often have mental health issues or addictions,[82] and have considered evidence that shows the impact of homelessness on physical and mental health.[83]

There are concerns that in Ontario, economic inequalities are increasing, leaving people from different Code-protected communities more vulnerable to discrimination and exclusion.[84] Because of factors associated with poverty and low income, people with psychosocial disabilities may be more likely to experience barriers to accessing housing, employment and services than people without psychosocial disabilities.

People receive only narrow protection under the Code for low socio-economic status. The Code protects people from discrimination and harassment in housing if they receive some form of public assistance, such as benefits from the Ontario Disability Support Program, Ontario Works, Canada Pension Plan, Old Age Security, Employment Insurance and the Ontario Student Assistance Program. As well, if people experience disadvantage because they are homeless or have low incomes, and this is linked to having a mental health issue or addiction, this could engage the protection of the Code.[85]

People with psychosocial disabilities may find themselves “marked” as having both low income and a disability if they receive ODSP benefits. In rental housing, they may face intrusive questions about their source of income or their disability, or stereotyping about being an unreliable tenant, because they receive social assistance and have a mental health issue or addiction.

Example: A human rights tribunal found that a mobile home campsite refused repeatedly to rent to a person who received a disability pension and had psychiatric disabilities. The tribunal found that the campsite owner perceived incorrectly that the tenant was entirely dependent on his mother, despite reliable evidence to the contrary, and perceived he was not capable of paying his rent or addressing maintenance issues. The respondent was also concerned about the tenant’s membership in Alcoholics Anonymous. Overall, the tribunal found that both the tenant’s disability and his source of income were “inextricably linked” and both formed the reason why the campsite owner did not approve his rental application.[86]

Programs, policies and practices that negatively affect people based on low income will often disadvantage people with psychosocial disabilities.[87] Governments and organizations must make sure they remove barriers that result in people associated with Code grounds being denied equal access to services, housing or employment.

Not taking into account a person’s actual circumstances related to receiving public assistance and his or her ability to meet the organization’s rules or conditions has been found to be discriminatory.[88] When assessing the impact of seemingly neutral rules on people with psychosocial disabilities who have low incomes, organizations should take into account the real impact that these have on a person’s experience. Where these rules or standards have an adverse impact, the duty to accommodate may apply.[89]

Example: A service provider has an initial assessment process that takes place only by telephone. It recognizes that this has negative impact on people with low incomes, including people with psychosocial disabilities, because many people from this group do not own a telephone, and have difficulty accessing one. The organization changes the process to allow for in-person assessments as well. 

Example: An organization that oversees provincial elections works closely with a community mental health organization to ensure that people with mental health disabilities who are homeless can vote. People in this situation face barriers when voting because they may not have the required proof of identity and residence. The elections organization registers eligible mental health organizations to provide people with certificates that can be used at the poll as proof of identity and residence, enabling them to vote without additional identity documents.[90]

Showing cases of discrimination where neutral rules or policies negatively affect people based on low socio-economic status and disability may be supported by a systemic analysis. This may involve:

• showing evidence that people from the Code-protected group tend to be over-represented in the affected low-income population
• examining the impact of policies, practices, decision-making processes and organizational culture on people from this group, and
• establishing a link between the discriminatory actions being alleged and the disadvantaging impact on particular people from that Code-protected group.[91]

Governments at all levels in Canada must have regard for international treaties, such as the United Nations’ Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of Persons with Disabilities. These human rights treaties recognize the interdependent nature of rights between adequate income, housing, education, work and equality. The CRPD recognizes, in particular, that people with disabilities tend to live in poverty. Article 28 outlines the right to an adequate standard of living and social protection, including food, clothing and housing, without discrimination because of disability. This includes people who have mental disabilities.

By ratifying these international treaties, Canada has made commitments to uphold and protect people’s economic and social rights, including ensuring that people with mental health issues or addictions have an adequate standard of living, access to food security, and a right to housing. However, the United Nations has repeatedly expressed significant concern about Canada’s record in implementing social and economic rights[92] and the failure of Canadian courts to provide remedies for violations of social and economic rights. The reluctance of courts and lawmakers to address social and economic issues as rights has real consequences for vulnerable groups, including people with psychosocial disabilities. 

Even though the Code does not offer full protection against discrimination based on poverty, the OHRC and others have been successful in pursuing human rights complaints where low socio-economic status intersects with grounds such as disability, race, ethnic origin, citizenship, age and family status.[93] The main way that the OHRC has done this has been to show that a relationship exists between social and economic marginalization and a Code ground such as disability. Governments, policy-makers and organizations should make sure their programs, policies and practices do not have an adverse impact on people protected by Code grounds.