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Or sign-in if you have an account.The Ontario Legislature at Queen's Park in Toronto. Photo by Martin Bertrand/Hans Lucas/AFP via Getty ImagesOntario must pay social assistance benefits to a foreign migrant living illegally in Canada a tribunal has ruled in a case revealing that welfare intake workers did not conduct an immigration check of the applicant to avoid jeopardizing his ability to remain in Canada.Enjoy the latest local, national and international news.Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events.Unlimited online access to National Post.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles including the New York Times Crossword.Support local journalism.Enjoy the latest local, national and international news.Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events.Unlimited online access to National Post.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles including the New York Times Crossword.Support local journalism.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one account.Share your thoughts and join the conversation in the comments.Enjoy additional articles per month.Get email updates from your favourite authors.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one accountShare your thoughts and join the conversation in the commentsEnjoy additional articles per monthGet email updates from your favourite authorsSign In or Create an AccountorThe Ontario Social Benefits Tribunal heard an appeal by the man who declared he had come to Canada in 1997 on a temporary work permit. Although his permit expired after four years, he never left.He was able to support himself by working cash jobs until 2023 when he entered the homeless shelter system, he told the tribunal.Get a dash of perspective along with the trending news of the day in a very readable format.By signing up you consent to receive the above newsletter from Postmedia Network Inc.A welcome email is on its way. If you don't see it, please check your junk folder.The next issue of NP Posted will soon be in your inbox.We encountered an issue signing you up. Please try againAfter he applied for welfare benefits last fall, the administrator of the provincial social assistance program called Ontario Works denied the man’s application because of his lack of immigration status in Canada, despite program staff trying to avoid flagging his immigration problem.An Ontario Works intake case officer had not conducted an immigration search to ascertain the man’s benefits eligibility, the tribunal found, “to avoid possibly jeopardizing the appellant’s situation in Canada.”The tribunal accepted the province’s position that the man “has no status in Canada and is here illegally” but heard the applicant’s arguments that the denial of benefits did not comply with provincial regulations.At issue at the hearing was the specific wording of the Ontario Works Act, the law regulating provincial welfare benefits.The act outlines the impact of an applicant’s immigration status on benefit eligibility and specifies three exclusionary classes: visitors, tourists and those with a deportation or enforceable removal order against them.Tribunal adjudicator Eric Brown, based in Waterloo, Ont., heard dictionary definitions and interpretations accepted at previous hearings and ruled that tourists and visitors are people who have entered Canada for a short period of time or for a temporary purpose.Brown said those definitions show the applicant reasonably fell outside the meaning of both tourist and visitor, “given the sheer length of time and the roots the appellant had established while in Canada.”No evidence was presented at the tribunal that he had been ordered out of Canada by federal immigration authorities.Brown then agreed with the applicant that legal immigration status in Canada is not a prerequisite for welfare under Ontario’s act, provided applicants didn’t fall under the three specifically named criteria.He ruled the man’s denial of benefits to be “incorrect and rescinded” and declared him eligible to receive financial benefits.The applicant is not identified in the decision, released in May, in accordance with the tribunal’s practice. The man’s lawyer, who works for a community legal clinic, did not respond to questions from National Post prior to publication deadline. A request for comment from the minister of Children, Community and Social Services was also not responded to before deadline.Public opinion has tracked rising concern over immigration levels in Canada — to 30-year highs — driven largely by pressure on housing, health care and social supports, according to federal government data.According to a 2025 poll conducted for Immigration Refugees and Citizenship Canada, two thirds of Canadians agree “immigration has placed too much pressure on public services in Canada,”The Social Benefits Tribunal is the body that adjudicates disagreements with the provincial government regarding social assistance payments for Ontario Works and Ontario Disability Support Program.Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. 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