Past Legal Challenges

Legal Challenge to the NCBS Clawback from families on social assistance: Chokomolin, Lance, & Prine v. Her Majesty the Queen in Right of Canada, et al.

Since the implementation of the Canada Child Tax Benefit (CCTB) by the federal government in July 1998, the province of Ontario has deducted the National Child Benefit Supplement (NCBS) portion of this benefit from income assistance paid to families with children who are receiving social assistance. ISAC is representing three individuals in a Charter challenge to this deduction (commonly referred to as the “NCBS Clawback”) that was filed in December 2004. The challenge is directed at both the governments of Canada and Ontario.

The applicants in this case are sole support parents who were subject to the NCBS Clawback. They argue that the clawback discriminated against them because of their status as social assistance recipients.

The applicants also argue that the clawback unfairly affected women, sole support mothers, people with a disability, Aboriginal people, and people belonging to a racial minority, as members of these groups are more likely than others to have low-income and to need to rely on income support through social assistance.

The NCBS clawback from families on social assistance does not achieve the goals of the program, which are to reduce child poverty and assist parents on social assistance to return and remain in the workforce. This will be used to demonstrate that the clawback cannot be justified in a free and democratic society. Reducing the poverty of some children cannot be achieved by deepening the poverty of others.

Since the application was initially filed, changes to the program have reduced the negative impact on social assistance recipients and the challenge is under review.

Notice of Constitutional Question (PDF)

Notice of Application (PDF)