Court dismisses challenge of Sask. government's disability program

A Court of King's Bench in Regina has dismissed a legal challenge to the Saskatchewan Assured Income for Disability program.

The Regina Anti-Poverty Ministry (RAPM) filed the lawsuit in March 2023 and it was heard in February 2024.

The organization alleged that the Saskatchewan Assured Income for Disability (SAID) program disproportionately discriminates against disabled people compared to others.

Under the SAID program, seniors are required to take money from their Canada Pension Plan at the age of 60, well ahead of the standard of 65. The money they get this way is then counted against their SAID benefits.

Peter Gilmer, a minister with the RAPM, said in 2024 that the policy puts people in an impossible position. He described the program as a "clawback" of federal money earned by the recipients. 

Lawyers representing the RAPM argued that people forced to access CPP while on SAID don't see an actual increase in their day-to-day income.

Justice Colin D. Clackson sided with the provincial government. 

In a decision issued earlier this month and published on Tuesday, Clackson ruled SAID users not receiving an increase in income was "pure speculation" by the RAPM.

Clackson also ruled that people not receiving social assistance are not constrained by SAID.

"The only distinction between those who are constrained by the legislation and those who are not is the receipt of social assistance benefits," Clackson wrote.

The justice ruled that even if the legislation does create a distinction, it is not discriminatory. As a result, Clackson wrote the legislation does not violate the equality rights laid out in the Charter of Rights and Freedoms.

The government did not seek costs in the lawsuit and Clackson awarded none. 

The RAPM did not immediately respond to a request for comment.