LEGAL ISSUES AND RELAVENT LEGISLATION

Legal Issues

Parents all over the world are suing their local, state/provincial or federal governments to make Intensive Behavioral Treatment accessible to their children through public funding of this intensive autism treatment.  Click here to read the Feat Ontario Position Statement. If you are interested in reading judgments that supported medically necessary treatment for autism, Intensive Behavioural Intervention, based on finding of fact then read on. Noteworthy may be influencial factors that preceded Auton at the Supreme Court of Canada, not limited to the timing of former Prime Minister Paul Martin publicly discussing potential changes to the appointments and terms of Supreme Court Justices. Since this time and most recently the Supreme Court of Canada upheld a decision against physically disabled Canadians against Via Rail Corporation. Notwithstanding the historical lack of Federal Judicial protection for medically necessary treatment where autism is concerned, one only need review for themselves the various International Conventions signed and ratified by Canada, Federal Human Rights Code and Charter to see Legislation exits that should have protected the rights of these citizens. See International and Federal Legislation section. Ontario Decison Deskin & Wynberg The July 2000 BC Supreme Court decision is the strongest precedent to date in favor of Lovaas-type Intensive Behavioral Autism Treatment (Intensive ABA or EIBI).  The court has declared that EIBI or ABA is a ":medically necessary" service and must be funded by the government.  The BC Supreme Court has ruled that the current failure to fund this treatment constitutes direct government 'discrimination' against children with Autism Spectrum Disorder, and is a breach of the Canadian Constitution (Canadian Charter of Rights and Freedoms (Section 15(1)).  The BC Government filed a 'Notice of Appeal' in August, 2000. Government lawyers confirmed in February, 2001 that the BC Government will proceed with their appeal of the Auton decision. The BC Supreme Court remedy in the Auton decision, handed down February, 2001 ('Auton 3') was heard in BC Court Appeal in 2002 and its strong ruling in favour of the families was handed down in October 2002. The BC Government has appealed to the Court of Appeal ruling to the highest court in Canada. The Supreme Court of Canada has agreed to hear the case. The hearing is set for Monday, March 22, 2004. The Anderson ruling (BC Supreme Court, 08/22/03) is in favour of the families. The action was brought by the families since the BC Government reneged on its agreement -- made before a BC Supreme Court Judge during the Auton Class Action Certification hearings -- to apply whatever ruling comes out of the Auton case to ALL families participating in the Auton case, not just the four children named as representative petitioners. The BC Government appealed the Auton ruling and even after its loss in Court of Appeal, the Attorney General’s lawyer persisted in violating the solemn agreement made by her predecessor to provide remedy for all the families in the action. The Anderson ruling serves to enforce that agreement and defeats government's specious argument that the other children in the Auton case do not all share a similar disorder that requires publicly funded, medically necessary autism treatment. Government has appealed the Andersen ruling to BC Court of Appeal. The BC Supreme Court Decision (Auton) The BC Court of Appeal Decision (Auton) The Anderson ruling, BC Supreme Court (regarding enforcement of Auton) The Alberta Decision was the first court case in Canada addressing the rights of an autistic child to receive Lovaas Intensive Behavioral Treatment. The Alberta Decision The next decision that has wide reaching implications is the Eldridge Decision.  Although the Eldridge decision has nothing to do with autism (it is about the rights of the deaf to government paid medical sign language interpreters), it is very important in terms of the rights of the disabled.  To read this important case, click on  The Eldridge Decision If you are interested in litigation that has transpired in the United States, click on US Decisions and you will receive a partial list of cases.  U.S. Decisions Web-sites with additional US decisions are listed below: http://php.iupui.edu/~rallen/mjw.html http://members.tripod.com/RSaffran/briefs.html http://www.feat.org/legal/ http://www.ctfeat.org/ctfeat/legal.htm International Legislation CONVENTION ON THE RIGHTS OF PERSONS WITH DISBILITIES On March 30, 2007 stong newly drafted international legislation known as the Convention on the Rights of Persons with Disabilities was opened for signature. Canada signed this important piece of International Legislation. It obligates and gives the Federal Government power to usurp any alleged jurisdictional barriers for access to universal health care for core health need related to specific disability. Press Release from the United Nations on Convention Click here to DOWNLOAD Peter MacKay's address to the United Nation on Convention which he attributes as a credit to those members of a civilized society. Click here to DOWNLOAD Full Convention Text Click here to DOWNLOAD Article 25 – Health Click here to DOWNLOAD Click here to see if your MP voted against universal health care for children and people with autism for their core health need. Click here to DOWNLOAD Find your MP by postal code LINK CONVENTION ON THE RIGHTS OF THE CHILD This United Nations Convention was signed and ratified by Canada. Click here to download full text. Click here to DOWNLOAD UNIVERSAL DECLARATION OF HUMAN RIGHTS (UNITED NATIONS) Click here to DOWNLOAD Canadian Legislation CANANDA HEALTH ACT The evolution of the Canada Health Act. The Canada Health Act is a fluid piece of legislation that evolved from 1947. History of the Canada Health Act Click here to view fluidity of legislation The Canada Health Act Click here to DOWNLOAD   THE CHARTER OF RIGHTS AND FREEDOMS The History of the Charter of Rights and Freedoms Click here to View The Charter of Rights and Freedoms is a part of Canada's Nationhood. It was developed to ensure all Canadians were equal before the law and under the law. Click here to View   THE CANADIAN HUMAN RIGHTS ACT Click here to DOWNLOAD