Ford government facing legal fight over online health card renewal for people with disabilities

The Doug Ford government is facing legal action over its policy for renewing Ontario health cards online.

The online service is available only to residents with a valid driver's licence, a rule that disability advocates saydiscriminates against people who can't drive or don't have a licence.

"People who, like me, because of their disability, are absolutely disqualified from being able renew our health card online," saidDavid Lepofsky, a Toronto lawyer and chair of theAccessibility for Ontarians With Disabilities Act Alliance.

Lepofsky, who isblind,fileda Superior Court application last week against the provincial government seeking an urgent change to the rules.

The clock is ticking, he argues, with a moratorium on health card renewals that has been in place for much of the COVID-19 pandemic ending on Feb.28.

In-person renewal a 'health risk,' Lepofsky says

The grace period may beending, but the pandemic is not, andLepofskysays that means many Ontario residents who don't drive will behaving potentially risky face-to-face interactions, while others have the luxury of doing it all online.

"Persons such as Mr. Lepofsky are subjected to an immediate, unfair, cruel danger of either suffering the loss of health insurance or exposing themselves to the health risk of attending a ServiceOntario office in person," Lepofsky'scourt application reads.

In response to questions from CBC Toronto, a spokesperson for the Ministry of Health wrote that no one will be denied health care.

"Health-care providers have been asked to continue to accept expired cards, and most people will continue to be able to use their health card to access insured health-care servicesas they always have, despite the deadline," a statement said.

Mail-inrenewal available

The statement also notes that some residents are able to renew their health cards by mail, including those over 80 and those who have a valid Ontario Photo Card.

But it's not a valid substitute for Lepofsky, who says the mail-in option has too many "barriers" for some and may also require close contact with other individuals.

And he says theprovincial photo card shouldbe an online option, aswell.

"What is completely arbitrary and irrational isthe Ford government will not allow the Ontario Photo IDcard to be used in lieu of an Ontario driver's licenceto enable you to renew your health card online," he said in an interview.

In its statement the ministry spokesperson said the government is "taking steps" to allow the online renewal system to accept the Photo Card.

In November, CBC Toronto spoke with Ontarians who called it "shameful" for the province to impose such a limitation on people living with disabilities and on seniors with mobility issues by not allowing them an option to renew their health card online.

In a Decemberletter to the Ford government, the Ontario Human Rights Commission (OHRC) had called on Ontario ministers for a plan to address the barrier for people with disabilities and older adults, who would be required to visit a Service Ontario location for a renewal.

"The Human Rights Code requires proactive planning to prevent or remove barriers to people with disabilities and older adults in services," said OHRCchief commissioner Patricia DeGuire.

"I am writing to encourage you to make sure people with disabilities and older adults will have the same opportunity as others to obtain the health card renewal online," DeGuire'sletter reads.

"As many people with disabilities also face barriers in travel and may be more vulnerable in any exposure to COVID-19, it is especially important that they be able to access, use and benefit from the convenience of any online services available to avoid travel and in person services."