RIGHTS-CANADA: Changes in Welfare Rules Deemed Discriminatory

By Paul Weinberg

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TORONTO, Aug 6 (IPS) - Canadian employers have long used literacy tests to discriminate against immigrants, minorities, and the poor. Now, the country's most populous and ethnically diverse province is proposing to use the tests as a requirement for receiving welfare, or social assistance.

Those who fail would have to take remedial courses. Yet, at the same time, the province of Ontario has cut back funding for adult education programmes.

Provincial government officials say the programme, dubbed 'Ontario Works', will be in place by next March. But opponents are weighing a legal challenge under the Charter of Rights in Canada's constitution.

The forced testing ''just reinforces the stigma of the lazy welfare bum,'' and therefore is a form of discrimination, says Jacquie Chic, a Toronto lawyer.

One of Canada's leading civil liberties experts adds that poor people facing economic destitution are treated differently from the rest of the population in Ontario, and that the inequality of treatment will get worse under the new initiative.

''Ontario has established a regime of ordeal or an obstacle course for disadvantaged people that includes literacy testing, drug tests and workfare,'' where welfare recipients are obliged to work a certain number of hours in order to receive benefits, says Alan Borovoy, counsel for the Canadian Civil Liberties Association.

When the measures are enacted, Ontario will be the first jurisdiction in North America to force welfare recipients to take literacy and mathematics tests or risk losing their benefits, says Jamie Peck, a British-born professor of economic geography at the University of Wisconsin in the United States and author of the book 'Workfare States'.

Ontario is not alone in making welfare a tougher and more bureaucratic business. ''It's happening in the United States, Canada and Britain,'' says Peck. In many ways, he adds, Canadian welfare programmes remain more liberal than those in the other two countries.

However, the racial implications of literacy testing have made even the most punitive welfare administrators in the other countries leery about going to the lengths that Ontario is now proposing, says Peck. In the United States, he notes, literacy testing carries a stigma because it has been used to bar black voters, generally poorer than the rest of the U.S. population, from registering to vote in elections.

Officials say the mandatory testing will target welfare applicants and recipients with less than a grade-12 education or equivalent. However, mothers with under-aged children and immigrants who lack sufficient English will be exempt.

This means that recent immigrants are less upset over the tougher eligibility requirements, says Basil Martin of the Ontario Council of Agencies serving immigrants. However, he notes, Toronto residents of African, Asian and Indigenous origin are more likely to be unemployed, regardless of skills and education, and receive poorer incomes and housing than those of European descent. These minorities will be at risk of further setbacks.

Toronto, with a population of some three million, is Ontario's principal town and reputedly is Canada's most multi-ethnic city. About 53 percent of its residents are non-white. The overall unemployment rate is about six percent. But among Africans and blacks, it ranges from 23 percent to 45 percent and among South Asians it is 20 percent, according to a recent municipal analysis of 1996 national census data.

No system is fool-proof and recent immigrants who fall prey to Ontario Works but who come from authoritarian countries are less likely than others to join political protests or complain about their treatment, says Susan Nielsen, who heads the Toronto Adult Student Association.

''Those born here in Canada have a greater understanding of welfare being a right in this country,'' Nielsen says.

Efforts to improve literacy and math skills are not a bad thing, she adds, but the approach adopted by Ontario Works appears intimidating. In particular, she worries that people with unacknowledged learning disabilities, such as dyslexia, will forgo benefits to which they are entitled rather than go through the humiliation of testing. ''It is a matter of self esteem,'' says Nielsen.

Of grave concern to advocates and service providers alike, the provision of adult literacy and education programmes - without which Ontario Works will serve only to bar welfare applicants - has dwindled.

''Two years ago, they (the Toronto School Board, whose budget is set by the province) cat all of the programming to all of the adult-based schools in the city. It is clear that the province's main motivation is not about transforming the literacy skills of people on welfare,'' says Ellen Long, a national literacy consultant and researcher. Rather, she says, policy seems to be designed to discourage people from applying for welfare in the first place.

As a result of budget cuts, Toronto's largely volunteer-run, under funded non-profit programmes have been left to carry the load. They are able to provide only 3,500 spaces in a city where, on average, 75,000 adults receive welfare per year.

Mike Van Soelen of the Ministry of Community and Social Services says that if community-based literacy prgrammes can't keep up with the demand, privately-owned training companies ''have the experience'' to provide the necessary classes. Ontario Works case workers at municipal level will ultimately determine whether a welfare recipient's plans to find employment should include extra literacy and maths instruction.

Officials maintain the emphasis on skills is designed to help people into the workforce. A spokeswoman for the Ontario Federation of Labour, however, says that some employers use testing and excessive credentials ''to weed out'' job applicants - for example, by demanding that applicants have a grade-12 education in order to perform basic assembly work.

Anti-poverty activist Josephine Grey says she has seen a copy of the proposed literacy and maths test. She says it includes questions that seem to be less about applicants' skills needs and more about ''assessing willingness to enter the workforce.''

This is no accident, according to Long. Pressure by Ontario Works also has made many of the provincially funded literacy programmes more narrowly focused on the immediate hiring needs of employers rather than on developing self-confident and well-rounded citizens and job-seekers who have been stuck in poverty.

At the Preparatory Training Programme (PTP) in Toronto's west end, for example, hundreds of welfare recipients a year are taught in short courses to read items like memos, waybills, instructions and schedules linked to specific types of jobs. This is the kind of programme endorsed by Van Soelen, the government spokesman.

However, Tracy Mollins, a spokeswoman for the Toronto Advocacy Council for Adult Literacy, says PTP's approach is about ''shoving people into short-term, dead-end jobs.''

John O'Leary, executive director of Frontier College, a nationwide volunteer literacy education group, says ''rates of literacy are lower in low-income communities and (among) people living in poverty. The issue isn't literacy. It is poverty and injustice. Literacy is a way of getting at that.''

''We don't feel it is necessary to coerce people to learn,'' O'Leary says. ''The challenge is to make the learning meaningful and accessible.''

Even educators who would seem to be natural boosters for Ontario Works have kept their distance from the scheme. John MacLaughlin says he takes exception to the government's ''harsh'' emphasis on literacy testing, adding that he would have preferred the more neutral-sounding ''basic skills assessment.''

''If I run a literacy programme, I have a real problem attracting clients. But if I call it workplace skills, there is a line-up outside my door,'' says MacLaughlin.

While Ontario Works strikes some as unwelcoming, Borovoy, at the Canadian Civil Liberties Association, says it is also unforgiving.

The programme imposes a mandatory lifetime ban from welfare against anyone convicted of fraudulently receiving benefits. ''Nobody else is subjected to such mandatory provisions,'' says Borovoy, who notes that Canadian judges have plenty of latitude in sentencing people convicted of other offenses. (END/IPS/NA/HD/PW/AA/01)