[Deleted User]

Forwarded with permission.

As a Canadian and a former lawyer I think I better expand on the apparently
limited knowledge you have concerning the recent British Columbia Court of
Appeal decision. As a matter of fact, despite the fact the decision was made
on the WEST coast by the highest court of the province (similar to the
highest court of a U.S. state) and I live on the east coast, I have spent the
better part of this evening examining the full text of the decision. A three
member court agreed that the children who were autistic and could not get ABA
through the provincial health care system (them all being below school age at
the time of the initial application — now the youngest is 8!) were
discriminated against under the Charter of Rights and Freedoms, a part of the
Constitution of Canada. In essence they did not receive the same treatment
as other children. The parents sued as representatives of their children
(guardians ad litem) as well as in their right since they were the ones who
have paid for the therapy. Among other things their original Further Amended
Statement of Claim asked for a writ of mandamus (an order from the court that
would force the government to pay for future ABA therapy) as well as an order
of indemnification (for all past and/or future ABA therapy costs). This
whole thing was started way back in 1997 and through many courts they finally
got a decision in their favour (although the judge at the trial level gave
them $20,000 only as 'symbolic' damages as well as the writ of mandamus).
Well, the government, specifically the Attorney General of B.C. appealed and
this most recent appeal was once again in the parents' favour… well, as of
this date the A-G hasn't filed its notice of appeal to the Supreme Court of
Canada but it is my understanding that they have either 30 or 60 days to do
so. Of course the Supreme Court may choose not to hear the case but such a
decision may be months, if not years away. In the mean time it is likely the
A-G will ask for injunctive relief which basicially means that the province
will refuse to pay for any ABA therapy until after the Supreme Court of
Canada rules… it is also my understanding that they haven't paid a dime yet
and the oldest child petitioner no longer has ABA therapy as his mother can't
pay for it anymore (bankruptcy I believe).

I have spoken to the the petitioners lawyers today and have requested copies
of their files, specifically their pleadings and their research, as my
husband and I are pissed off, fed up, and geared up to sue the ever-lovin'
••• off the province of New Brunswick, where we live. It is something we
have been debating for awhile as we were waiting for the B.C. Court of Appeal
to rule. Now that they have, it is time to stick it to the powers that be on
the other coast! The really good thing in our favour (and the thing that
sticks in our craw) is our provincial government struck an indepartmental
committee two years ago which completed a report one year ago stating ABA
therapy with early intensive intervention was the best way to treat autism
and recommending the institution of such programs but the report has not yet
been released! … So my husband and I got a copy, leaked it to the media and
the Minister of Health actually responded in writing that he has been too
busy to read it yet!!!!!! Yup, I dare say we have them by the short and
curlies now.

If anyone is interested I'll let you know how things go. I haven't practised
law for 6 years now but I believe, in my heart, that all my years of
litigation work were to prepare me for this one case. I was very good in the
courtroom… and this time my heart will be in it too, so watch out!!!!

Charlotte
Robinsonrocca@aol.com
_____________________________________________
Sabrina any comments on what this person is saying, since this has been posted on major lists on the net with government people on them. Some clarification perhaps for those who might read this and think oh great the ruling is not what it seems…and we are years yet from help.

[Deleted User]

This is indeed a truly fabulous day for each and every family affected by autism. The justices in their wisdom have clearly seen through the fallacious arguments continuously pushed by our governments, and they have said enough is enough. No more waiting lists, no more age limits, no more designated diagnosis centres to ration diagnoses and keep violating our children's rights. With this decision, the right to medically necessary treatment is affirmed, as decided by your own medical professionals, and for as long as they decide it is necessary. That is how I read this courageous, monumental judgement. Like it says on the letterhead, this group was formed To See That Justice is Done…Today that goal is a lot closer than ever before.

There aren't enough words to express how much we all owe to the people who fought for this with their sweat and their tears and their wallets. Every child with autism in this country just got an enormous present from these people. So thank you…a million times.

[Deleted User]

Thank you so much to everyone who has fought so very hard for our children. This news has just been incredible. I have been so very worried about the day my daughter Angel turns 7, next March, and loses her IEII funding. I have read through the information on the ruling at the court of appeal website. I had problems understanding some of it and have a question. I was reading all of the info on the age limit etc. and am trying to determine if the Judge meant that access to autism treatment should be available until the child's 14th bday? I am hoping that I am reading this wrong and that it will go on beyond that point in time. I ask this because I also have a 14yr old daughter with ASD who would really benefit from treatment. I would appreciate any information or understanding you can share.

Thanks so much everyone,
Cheryl
Mom to Angel and Allie

[Deleted User]

WOW!!!!!!!!!!!!YEAH!!!!!!!!!!!!!!!!!
Congratulations to everyone who is involved in the lawsuit. Also Congratulations to every child/family who will benefit from your hard work and determination. A Wonderful achievement!

[Deleted User]

Hi Everybody,

YES!! YES!! YES!!!

Let's hope the (beep) don't counter-appeal.

Thanks FEAT!

Franca

[Deleted User]

Today's ruling from the Court of Appeal can be downloaded at http://www.courts.gov.bc.ca/jdb-txt/ca/02/05/2002BCCA0538.htm

[Deleted User]

CONGRATULATIONS FEAT!!!!!!! I am so happy. I know that MSP should be covering this treatment and who knows maybe someday they will.

[Deleted User]

From the "flukey, pre-Lovaas parent":Thank you for your kind words Debra.

I just want to say, that thanks to the sophisticated and scientific approach, and advocacy, that FEAT is taking to benefit "today's", and "tomorrow's", autistic children, I am relieved to think that perhaps parents will not have to bumble around like I did, and endure some of the hardships (both systemic and diagnosis sourced-hardships) that we encountered. You're doin' good! Keep it up!

[Deleted User]

Wow! Just goes to show how social/behavioural/intellectual/physical considerations must be incorporated into each target-activity toward both "comprehension" and "generalization" — I never experienced the kinds of problems you describe — guess I fluked out by just sitting and watching the videos with my son and playing/modelling out the "script" myself in a rather informal social context re: the interaction between myself and him, and of course, all of our little character-type friends!!

[Deleted User]

When we received a diagnosis over 10 years ago, and had yet to hear of something called "ABA", in desperation to find some way to connect with our son, we went to TOYS 'R' US, and darn near bought out the store to find something/anything that would "interest" our child. Thomas the Trains were popular, but all he did was line them up, same thing with blocks, etc. The one thing he seemed to really twig on was the Disney Sing-a-long videos — we were thrilled, and proceeded to amass quite a collection of videos. It didn't take long though before I became concerned that my son seemed to want to "climb" into the screen to be with all of those wonderful characters; to him, they were as real as I was;this, to me, was more than alarming. I tried very hard to think of how I could show him that they were not real, and so I went back to TOYS 'R' US, and I bought the plastic-bendable "figurines" of all of the characters that I saw on those videos. I also began a costume-collection of "hats" — police hats, fireman hats, farmer hats, cowboy hats,etc., of doctor's play-sets. play-carpenter's tools, etc. (you get the idea). When these videos were on, I brought out the appropriate character, and the appropriate "costume", and if my son wouldn't wear it, I would, and I would make the character pretend-copy the action on the screen. It took a while, but not too too long before my son indeed realized that there was a difference between that on the screen, and the world in which we lived, and he stopped trying to "climb" into the set. One of the positives of the sing-a-longs was that the words of the songs are "printed/shown" as captions throughout each song — by the time my son entered kindergarten, he could print and even hand-write the words and phrases from all of those songs/granted the comprehension component was not yet there, but at least we had already began the whole rote process of learning such, and truly, it was all quite by accident! The reason I share this little anecdote is to encourage the whole idea of properly directed use of video modelling — so many of our non-verbal kids indeed do respond well to visual stimuli!!

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