"Crazy Dave"
One of Many Deprived of Rights
Because he is a person with a disability on Ontario Disability Support Program (ODSP), Crazy Dave does not have the rights of "a person" under Canadian Law.

Did you know that a self-employed, able-bodied farmer can claim wages and benefits paid to farm workers as an approved business expense for tax purposes? (CRA form T2042 E (03), Statement of Farming Activities, p. 2 expenses Line 9814) But if that farmer is on ODSP, ODSP refuses to accept these wages as an approved business expense. In fact, no matter what business Dave operates, or who he employs, as an ODSP recipient he can't use deductions available to any other Canadian businessperson.

ODSP considers salary and benefits paid to employees to be earned income of a self-employed ODSP recipient, and accordingly deducted from the recipient's support payment. ODSP disallows salary and source deductions as legitimate business expenses. ODSP Farm Income Directive 5.7 page 6 tells the story: "Wages paid to employees of the farm are not approved expenses...The recipient may deem this expense as necessary; however, it is not an approved expense and is considered earned income. If the recipient claims wages and related expenses, it should not be allowed as a farm expense." The same ODSP directive makes it clear that this even excludes a spouse and children: "wages paid to the recipient, spouse and dependent children who are members of the benefit unit are not approved expenses...The recipient may deem this expense as necessary; however, it is not an approved expense and is considered earned income."

Crazy Dave says "that's discrimination because of medical disability".

On April 17, 2003, prior to the provincial election, Dalton McGuinty MPP agreed with the perspective of Crazy Dave. He wrote, "Mr. Thomasson's situation is yet another example of this [Progressive Conservative] government's cavalier attitude toward our disabled citizens. It also clearly demonstrates where improvements are desperately needed."

What a difference an election makes! The McGuinty Government continues to hold to the ODSP Farm Income policy as stated by then Conservative Social Services Minister John Baird, who wrote on February 4, 2002, "under the ODSP employee wages or salaries are not an allowable business expense."

Crazy Dave wrote Premier McGuinty and the former responsible Minister, Sandra Pupatello, to bring this conundrum to their attention. He's still waiting for a response. Meanwhile, because of ODSP, Crazy Dave was not allowed to hire farm workers during the 2004 season and lost sales all summer long as a result. Crazy Dave doesn't understand why the McGuinty Government allows ODSP discrimination to continue, despite being fully informed about the roadblock stopping people with disabilities who want to get off ODSP through building a viable business.

Write, phone or email ACCESS NOW to express your views on this issue.

Editor's Note: "Crazy Dave"'s Presentation at the hearings in Ottawa on Bill 118 can be seen at this link: http://www.ontla.on.ca/hansard/committee_debates/38_parl/session1/SocialPol/SP021.htm#P87_5927

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Cornwall Standard Freeholder
Story by Greg Peerenboom
Tuesday January 18, 2005, page 4
(Reprinted with permission)

Organic Farmer's Battle for Benefits
A local farmer with a long history of mental illness was cut off from his social assistance income and medicine because he hasn't provided income information to the Ontario Disability Support Program (ODSP).

"My medical needs are not being considered when a punishment is made for being guilty of a small income reporting infraction" said Crazy Dave Thomasson.

Thomasson finds it contradictory that he qualified for the ODSP in the first place because of his bipolar psychiatric condition. It causes severe anxiety and mood swings when untreated.

Now that he has been thrown off ODSP, his health concerns no longer appear to be an issue, he said.

"I cannot get interim assistance (from ODSP) because of my health; I will only get (interim) assistance because of my financial situation."

Thomasson was stripped of his eligibility on November 30, so he missed his December cheque of about $850. Fortunately he was reinstated this week.

Because of his lost income, he skimped where he could.

"For example, I saw my doctor for an injury for which she prescribed a cortisone shot, which was not covered (by ODSP ) so it (had) to wait."

Thomasson began gardening as an occupational therapy for his condition. It has been encouraged by his family physician, Dr. Danielle DeBanne, of Russell. His efforts eventually led to his organic vegetable business, which supplies upscale Ottawa restaurants.

Thomasson realized the potential of his farm might allow him to leave ODSP, but only after he expands it.

De.DeBanne, in September, wrote to Sandra Pupatello, the former Ontario minister responsible for the ODSP, imploring her not to penalize Thomasson.

"Some of the problems that individuals with mental illness have to contend with are the unpredictability of their symptoms and the aggravation of their condition with stress" Dr.DeBanne said.

"For this reason it is inconceivable that my patient withdraw from ODSP to engage in his business venture. I do not think that under such conditions he would fare very well.

He needs the security of (a) guaranteed income while he implements his farming plan."

ODSP cannot comment on Thomasson's file, citing privacy issues.

This is not the first time ODSP has discontinued his eligibility.

He was penalized in January 2002 for refusing to file his income tax, which Thomasson claimed is not a requirement for ODSP eligibility.

He managed to receive interim assistance, and was reinstated last spring when the Social Benefits Tribunal - a quasi appeal court - agreed with his appeal.

Since then, the Cornwall ODSP office requested that Thomasson verify his farm income for 2003, by November 30, 2004. Thomasson asked for an extension but was refused.

Finding an accountant was a difficult task, he said, because he plans on using the income information as evidence in court.

"They have applied zero tolerance to my (ODSP) file, " he said.

"They knew if they gave me the extension, the (accounting) work would be done."

"I think a little flexibility on their judgment would have been beneficial"

His lawyer Terry Green is now asking for an internal review by the Social Benefits Tribunal.

An answer is expected within about one week.

If it's granted, Green can make submissions to the director within 30 days for a Social Benefits Tribunal hearing, likely to be held in mid-March.

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Farmer's Forum - November 12, 2004
Patrick Meagher, Publisher and Editor of Farmer's Forum
(Reprinted with permission)

Crazy Dave could be crazy like a fox.
Fights for disabled farmers' rights
Bonville - Crazy Dave Thomasson appears to be sitting on a political powder keg that could cost the provincial government bigger bucks than it wants to think about. As a disabled market gardener - Crazy Dave is manic depressive - he is entitled to a disability cheque of more than $800 per month. But that monthly cheque from the Ontario Disability Support Program means he is not allowed to hire people to start a business to get off the system. He is also not allowed to claim expenses for business meals and can't depreciate farm assets or carry any losses forward to the next year. The problem for Crazy Dave, he says, is that if a farmer becomes disabled he can continue operating and collect a disability cheque but he cannot claim normal farm business expenses under ODSP rules. Crazy Dave has been arguing his case for three years, while ambushing politicians at public meetings. Thomasson runs Crazy Dave's Organic Garden Greens north of Cornwall, where he grows red lettuce for two fine-dining Ottawa restaurants. He works alone and says he can get off ODSP in 24 months if he could hire pickers and claim normal farm business expenses. An Ottawa human rights law firm has taken on his case, which could be heard in Ontario Superior Court and will argue on the basis of a conflict between laws. He could also fight the case based on a violation of human rights under the Charter of Rights and Freedoms but Crazy Dave says the timeline would be too long. The irony of the situation is that Premier McGuinty agreed with Crazy Dave last year but now that he is Premier, McGuinty has shut up about the matter, when Crazy Dave got a lawyer. In a letter about Crazy Dave last year, McGuinty wrote: "Mr. Thomasson's situation is yet another example of this [Conservative] government's cavalier attitude toward our disabled citizens. It also clearly demonstrates where improvements are desperately needed." Yet the situation remains unchanged. "No one has proved me wrong and no one has stopped the discrimination" Crazy Dave said.


Crazy Dave says Ottawa diners crazy for high-end veggies
Bonville - Dave Thomasson can't grow enough red lettuce for Ottawa's chefs. He sells out every year. "I tell people I get $16 per pound for lettuce and people think I'm psycho," said the Bonville market gardener, north of Cornwall. People can't get their minds around the fact that Ottawa's fine diners are willing to pay big bucks for organic vegetables, he said. "The market is huge. It's massive. Ottawa is affluent, educated, and people want organic."

Thomasson runs Crazy Dave's Organic Garden Greens and says too few farmers are aware of the niche market with high-end restaurants. Meantime the demand for organic vegetables increases 25 per cent each year he said. His operation is small. He only has two clients. But he's handcuffed by government regulations (see other story on this page). Among the popular vegetables with Chefs are baby patty pan squash, baby carrots and beets, spinach, cherry tomatoes, and baby sweet corn, he said. "The key is to grow for color, sweetness, flavor, and small, miniature. It's the cuisine style. "Grow the weird color. Yellow zucchinis are pretty, so it'd in demand. Presentation is so important. A red carrot or a white carrot is more valuable than an orange carrot." "The other key to selling to these guys is quality, quality, quality, " he said. "They will pay top dollar if it's good stuff. Don't ever bring them crap." Crap translates to any imperfection like wilting, bug damage, and bruising he said. He picks his organic crop by hand and delivers the same day to ensure top quality.

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Cornwall Standard-Freeholder
Article by Greg Peerenboom
October 11, 2004
(Reprinted with permission)

Crazy Dave Says Queen's Park Is Stonewalling Him
Organic farmer and social assistance recipient Crazy Dave Thomasson claims the provincial government continues to discriminate against him in order to prevent a costly and embarrassing precedent.

Thomasson has tried for years to convince the Ontario Disability Support Program (ODSP) that he should be able to claim farm employees wages as a business income deduction.

"I think the Liberals are stonewalling me" said Thomasson, an ODSP client who works and lives on a small parcel of cleared land in South Stormont Township, about 15 kilometers north of Cornwall.

"If I was able to hire farm workers I would be able to ramp up production within 18 months and be able to exit ODSP responsibly" Thomasson said.

Stormont, Dundas, Charlottenburgh MPP Jim Brownell is siding with his constituent and has asked Premier Dalton McGuinty to look at the Ontario Disability Support Program Act.

"I have looked (Thomasson) in the eyes, and I believe he really wants to exit ODSP responsibly, and he has some issues I think are holding him back" Brownell told the Standard-Freeholder.

Brownell realizes the government may have to make some concessions.

"(Even) if it requires amendments, and down the road, with very heavy consequences financially to cover it. If it's discrimination, the wrongs have to be corrected.

"I have written to the Premier on this. Hopefully something will happen."

Premier Dalton McGuinty is well aware of Thomasson's crusade.

"I empathize with him wholeheartedly," McGuinty wrote to Brownell in a April 17, 2003 letter when he was still Leader of the Official Opposition.

"Like Mr. Thomasson, disabled Ontarians province-wide deserve every opportunity to participate fully in our society and to enjoy the best possible quality of life.

"Unfortunately, Mr. Thomasson's situation is yet another example of (the former Progressive Conservative) government's cavalier attitude toward our disabled citizens. It also clearly demonstrates where improvements are desperately needed. I look forward to the day in the near future when you and I , along with our fellow caucus members, can implement positive change as the government."

The Ministry of Community and Social Services is unable to comment specifically on Thomasson's case due to client confidentiality restrictions.

Thomasson self-styles himself 'Crazy Dave' as a marketing ploy, taking advantage of his bipolar mental condition.

His produce has won favorable reviews from Ottawa's gourmet chefs.