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Isaac
ParticipantOn behalf of all FEAT families, a very big thank you to Dave Chan and all the FEAT parents who came together today to fight for our children's rights at Attorney General Plant's little soiree in Richmond. You are an inspiration to all of us, and what the dark side fears most … parents who are determined to see that justice is done for their children, no matter how long or difficult the struggle.
If a picture speaks a thousand words, then please click below for the weighty tome of David vs. Goliath …
ParticipantHi All,
A worthwhile interview today (November 22) on CKNW with Michael Campbell in conversation with Sabrina Freeman regarding the SCC Auton decision.
Fast forward to the 2:36.55 pm segment of the interview (it's about a half hour in total).
http://www.cknw.com/audiovault/audiovault.cfm
Isaac
(Miki's dad)ParticipantReprinted from the Me-List:
From: Gary Mayerson
Subject: Re: today's Star – B.C. parents lose autism lawsuit—————————————————
What a disappointing decision, and one which undoubtedly will have very serious social and economic impact in Canada if legislators there do not wake up. Couple the epidemic like increase in the incidence of autism with ineffective treatment, and essentially you have created the "perfect storm" for lifelong dependency and care, certainly for a significant percentage of these children. Hopefully, Canadian legislators will see this looming threat…..it's either pay now or cry greater fiscal tears later…..Jim Mulick's "cost benefit analysis" should be brought to the attention of every single legislator in Canada to show that even on a purely economic "bean counting" analysis, and wholly apart from the human wreckage, it is fiscal suicide for Canada to proceed this way.
Gary Mayerson
ParticipantIn its Auton ruling, the Supreme Court of Canada supported provincial arguments that the Health Act doesn't force provinces to pay for all medical treatments. This is the "wiggle" room in the Comprehensiveness clause of the Act. But there is zero wiggle room in the legal interpretation of the "Universality" clause, which says every Canadian has the right to be in Medicare. So how can the Court rule it's okay to keep children with autism out?
At core is their failure to consider one question: what happens in the unique circumstance where there is only one effective treatment for a given medical disorder, as is the case for autism. The answer is surprisingly simple: Universality and Comprehensiveness merge to become one and the same — to exclude the treatment is to exclude the person from Medicare.
The SCC ruled that to do so is not discriminatory because the autism treatment in question is "novel" and "emergent," Yet they go on to say it is, "… the only known, effective therapy for autism" [Par. 59] and that the New York Department of Health and the U.S. Surgeon General view the therapy as the "treatment of choice" [Par. 11].
When the only effective treatment for autism is excluded from Medicare, it's undeniable that children who suffer from the disorder are shut out of health insurance. No amount of sophistry can escape this conclusion. Today, children with autism are officially less equal than Canadians with physical disorders. For them, the Charter of Rights and Freedoms is an empty promise, betrayed by those entrusted with its stewardship.
Isaac Tamir (Michelle Tamir's Dad)
One of the families in the Auton caseParticipantHello everyone,
For those who haven't had a chance to read today's Globe and Mail (Nov. 12, '04), this piece is a highly recommended read –> "Ontario autism program in chaos, auditor discovers" https://featbc.org/downloads/GlobeandMail_11_12_04.pdf)
The latest Ontario autism scandal is further proof of what Justice Allan already found in her July 2000 Auton ruling — social services departments and their contracted service agencies are utterly hopeless in delivering genuine autism treatment, and there is no way to reform this systemic failure. We know through bitter experience in BC that where autism treatment is concerned, social services incompetence is rampant and programmed into the "genetic" code of the Children's Ministry. The Social Services powers still fundamentally disagree with the self-evident notion that children with autism suffer from a health issue — a need for medically necessary treatment — that is vastly different from the typical social worker special needs support caseload or the special education swamp of ignorance.
The underlying truth affirmed by the Ontario Auditor General's report is straightforward: shoveling more money at the Ministry of Poverty will never get the autism treatment job done. For those of us in BC, the reason is well known and obvious. Justice Allan politely stated in her landmark Auton 2000 ruling that the gang who couldn't shoot straight in Victoria (Children's Ministry bureaucrats) are "ill suited" to the task of delivering autism treatment. More bluntly, social services bureaucrats are not only useless in providing effective treatment for autism but are also manifestly harmful to children with this devastating condition. The evidence is overwhelming.
The only solution — long term — is to move the responsibility for autism treatment over to the Ministry of Health's Medicare system, where the consumer has choice in treatment provider. All government needs to do then is cut a simple cheque. This they can handle reasonably well.
The Auditor General of Ontario has taken a very close look at the social services autism intervention morass in that province and the mess found is not a pretty picture. Incompetence and apparent fraud have been uncovered to the tune of millions of dollars. Sound familiar? It should. The social services gang that still doesn't "get it" in Victoria has similarly squandered millions in their so called "EIBI" program, which of course we know is an ineffective special education sham of an experiment, with millions more spent in untendered special education contracts for UBC to study the autism program specifically designed by UBC to defeat the Auton case.
The difference between BC and Ontario is that our Auditor, when approached to investigate this sordid matter a couple years ago, turned a blind eye. Ignored was clear conflict of interest and an obvious waste of taxpayer money. Ontario's Auditor seems truly independent and useful as watchdog for taxpayers in that province. We desperately need the same in BC.
"Ontario autism program in chaos, auditor discovers" https://featbc.org/downloads/GlobeandMail_11_12_04.pdf)
ParticipantAutism in the news … National Post, November 10, 2004
Byline: "It's time for the health-care system to help autistic
kids"Notable in the piece is this: "When Paul Martin called the general election at the end of May, he stood in the sunshine on the steps of Rideau Hall and contrasted Canada with the United States. "You cannot have a health-care system like Canada's, you can't have social programs like Canada's, with taxation levels like those of the United States …" The Prime Minister may want to re-read those words in advance of an impending Supreme Court ruling on the provision of treatment for children with autism. While Martin played on the old myth of Canadians as unarmed Americans with a health plan, in reality, autistic kids would be better off in the United States."
Profound commentary indeed. The rest of the National Post column is here:
https://featbc.org/downloads/National_Post_11_10_04.pdf
Isaac (Miki's Dad)
ParticipantAutism treatment in the news …
The NY Times piece is at the link below:
ParticipantAs many of you know, Andrew Kavchak — Ottawa lobbyist for medically necessary autism treatment — took his important message to the recent First Ministers health care summit in Ottawa. Important media coverage was achieved.
The message Andrew delivered is attached
–> https://featbc.org/downloads/health_summit_protest.JPG
Isaac (Mikis Dad)
ParticipantThis post is on the important nationwide petition drive Andrew Kavchak has launched for MP support of our children's cause in Canada's Parliament … and there is new session coming up soon.
The MP petition idea is a very good one; the 25 signature rule apparently compels MP's to table Andrew's autism health care petition in Parliament, wherein government is obliged to formally reply within 45 days.
Salient for our discussion group (with members across the country) is this: say a dozen or more Canadian MP's are forced to table the SAME autism treatment petition in Parliament because it went out across the country and garnered the necessary signatures; the impact on government will be far more forceful.
Please download the MP petition from the FEAT BC server at this address –> https://featbc.org/downloads/PetitionOct2004.PDF
If you are moved and energized by what you read, please print out a few copies, go out and gather 25 signatures (of voting age) in your riding and present it to your Member of Parliament. The request to your MP is simple: "I'm a voting resident in your riding and so are the 25 signatories to this autism health care petition. Please table the petition in this session of Parliament for our Federal Government's immediate attention."
Isaac (Miki's Dad)
FEAT of BCParticipantThe former BC Premier who blocked the autism health care ruling in Auton 2000 becomes Canada's Minister of Health
Commentary
Isaac (Miki's dad), FEAT of BC
__________________________________________________Andrew Kavchak in Ottawa recently managed to confront the Federal Minister of Health, Ujjal Dosanjh, on Parliament Hill. Of course Ujjal represents many memories in BC for those of us fighting the autism wars since the late 90's.
Ujjal Dosanjh was the Attorney General in BC when the RCMP obtained an unprecedented search warrant to go into the home of then BC Premier, Glen Clarke, who subsequently resigned under a cloud of suspicion. Years later Clarke was fully exonerated but in the short run Minister Dosanjh rose to become Premier of British Columbia.
Premier Dosanjh took the highly controversial step of appealing the landmark Auton 2000 ruling, instead of enacting the visionary recommendations of Justice Allan, who ruled that there are systemic flaws in BC autism policy. Based on her court's enquiry, Justice Allan recommended that the responsibility for autism's treatment be transferred away from social services into to the Ministry of Health. Regrettably, Dosanjh — himself a lawyer — rejected the BC Supreme Court's health care recommendations for children suffering from autism, even though he publicly stated the opposite, that he supports the notion of autism's transfer to MOH (CKNW, Rafe Mair Show, October 2000).
Other memories: Premier Dosanjh closed down parliament for about a year (democracy in action), then went ahead and lost the 2001 provincial election for the NDP, in what turned out to be the most colossal electoral defeat in BC history.
Undeterred by BC's overwhelming repudiation of Premier Dosanjh's leadership, Prime Minister Paul Martin appointed Dosanjh to run as a Liberal in the 2004 Federal election. This needs additional emphasis: Ottawa APPOINTED a failed BC Premier as the BC candidate for MP, who in turn was appointed to the Prime Minister's Inner Cabinet. Is this Paul Martin's idea of real democracy? Realpolitik is more the first thought that comes to mind in perennially disenfranchised British Columbia.
At any rate, to help BC feel more cherished by the rest of Canada's confederation, Prime Minister Martin awarded the prized Health Ministry portfolio to our former Premier, who is the same guy who rejected a superior court's ruling on medically necessary health care for autism, closed down BC's Parliament for a year and had his policies resoundingly rejected in the most massive electoral defeat imaginable.
For a sense of what Dosanjh thinks about the struggle for our children, there is a transcript excerpt below from his CKNW radio interview in 2000. Note where Rafe Mair says, "it [autism treatment] should be in Health," Dosanjh replies, "I … concur." Well, we're four years down the road and autism treatment is still wrongfully under responsibility of the Ministry of Poverty, politicians and bureaucrats are still dithering, and Dosanjh has become ensconced as the man in charge of everyone's health policy. If Dosanjh really meant what he said in 2000 — "I … concur [that autism should be in health]" — then meaningful autism health policy reforms across Canada should now logically follow. The operative phrase is, "if he meant what he said."
The man who appealed the landmark Auton ruling now has significant power over Canada's health policy. Will he use it to finally include children with autism in the social contract that is Canada's Medicare system? Will he use it to bring Canada into compliance with it's own constitution? Will he use it to correct his own historic error as Premier of BC? The odds are long — extremely long.
Isaac (Miki's Dad)
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October, 2000, CKNW Radio, Rafe Mair ShowRafe Mair:
Premier, ah… a number of people have been writing me over the ah.. last few weeks about the Auton decision about autism and they're wondering why you're appealing that, they're wondering why you sim… won't simply allow parents to take their children outside the system and a… and get treatment for them. They're wondering why this is not in the Ministry of Health, not the Ministry of Fa… Children and Families.
Ujjal Dosanjh:
Well, I, …ah…, (cough), have spoken to both the Minister of Health and the Minister for Children and Families and …ah… I am told it is in the Ministry for Children and Families and a….
Rafe Mair:
It should be in Health, they say, the parents say ….
Ujjal Dosanjh:
No, I actually ..ah.. concur with that. And I ah…, hope, I'm hoping that in the next shuffle I may be able to pay some attention to that. I also know the appeal is for some legal reasons. And I don't have all of the legal answers here but I also spoke to the Minister for Children and Families who tells me that we will not be running a pilot as I was advised before. The pilot has a… has already been run in Alberta and a.. she tells me that ..a.. she's making arrangements to ensure that the treatment is underway in British Columbia sooner rather than later.
Rafe Mair:
For all children, all autism children.
Ujjal Dosanjh:
I don't have those details but I ..ah.. I didn't speak to her in detail ..um.. I think that ..um.. after the shuffle whoever the minister is a… should be a… in this ..ah.. chair talking to you and giving the details.
Rafe Mair:
Mr. Campbell as you know is committed to coverage for early intervention from autism treatment for all kids.
Ujjal Dosanjh:
No, I appreciate that, I… you know… I don't make promises ah.. the cost of which I don't know. The cause is very important. It's important that children be looked after. Whether or not we can do that for all children, ah… in terms of early intervention, what the bill is and how it can be done I'd like to know from the Minister, but I if I could do it, I would want to do it.
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