[Isaac]

To correct the link problem in Susan's recent post, here's the information:

address starts here –>http://www.canadianchristianity.com/
cgi-bin/cgi?nationalupdates/030925autistic
spbpt2002@yahoo.ca <– address ends here

Copy and paste into your browser to view.

[Isaac]

The Premier of British Columbia — Honourable Gordon Campbell –- was interviewed today on CKNW’s Bill Good program regarding government’s persistent rejection of three court rulings and the ongoing lack of autism health care funding in B.C. Mr. Good asks the Premier this question: “three court decisions have told your government [autism is] a health care issue, that the families need specific early intervention fully funded by government. You continue to stall; why?”

To hear the interview please visit the FEAT BC site and click on ‘Radio Interviews’ … it’s the CKNW story at the top of the list.

Follow this link –> https://featbc.org/the_media/

[Isaac]

The BC Government appeals yet another autism ruling in BC Courts

CKNW Radio’s Bill Good Program interviewed Jean Lewis today regarding another BC Government appeal of an autism treatment judgment, even after five BC judges have already ruled in favour of public funding for children in medically necessary treatment programs. The 'Anderson' ruling says the Auton families are de facto a 'class' … and stop litigating these autism cases ad infintum. The government’s response — yet more litigation to the BC Court of Appeal.

To hear the interview please visit the FEAT BC site and click on ‘Radio Interviews’ … it’s the CKNW story at the top of the list.

Follow this link –> https://featbc.org/the_media/

[Isaac]

Story from the CBC reprinted below
**********************************************

Parents of Autistic Kids Win Again in Canada

http://vancouver.cbc.ca/regional/servlet/View?filename=bc_autism20030823

Vancouver – A parents' group has won a third round in its ongoing court battle with the B.C. government over funding for specialized treatment of children with autism.

A B.C. Supreme Court judge has ordered the province to pay for the Lovaas treatment of another 23 autistic children.

In his judgment, Mr. Justice Ian Pitfield said the government had violated the rights of the children under the Charter of Rights and Freedoms by denying them the treatment.

LINK: Text of judge's decision http://www.courts.gov.bc.ca/Jdb-txt/SC/03/12/2003BCSC1299.htm

The intensive program requires 40 hours a week of one-on-one therapy that costs up to $60,000 a year.

The parents say Premier Gordon Campbell broke an election promise by not fully funding the autism treatments. The province has only agreed to pay a third of the cost – about $20,000 a year per child.

LINK: Families for Early Autism Treatment of B.C. http://www.featbc.org/

In his ruling Friday, Mr. Justice Pitfield ordered the government to pay for the treatment retroactive to July 26, 2000 — “ the date of the parents' first court victory in their fight for full funding.

The province had appealed that original decision to the B.C. Court of Appeal which upheld the parents' position. The province is now taking the case to the Supreme Court of Canada.

[Isaac]

RE: B.C. Supreme Court autism treatment ruling (August 2003)

The Anderson vs. AGBC decision is also available for download from the FEAT server at this address:

–>https://featbc.org/downloads/AndersonJudgement.pdf<– endlink

Isaac

[Isaac]

The Vancouver Sun ran a story on Saturday (08/23/03) about a significant victory in B.C. Supreme Court for twenty-three families regarding medically necessary autism treatment.

To read the story, please download from the FEAT server at this address:

https://featbc.org/downloads/Sun030823.pdf

Isaac
(Miki’s Dad)

[Isaac]

Here’s a reply to ‘Anonymous, June 12, 2003 – 04:54 pm,’ who asks:

>Can someone tell me what kind of program ‘EIBI’ is?
>Thanks so much!

The short answer: it’s bogus and fraudulent. Run the other way (there are binders of evidence).

Government’s propensity for expropriation of language to win a strategic objective is the tried and tested ‘tool of choice’ in the bureaucrats’ trusty kit bag. Give something a lofty name and folks will think it’s legitimate and important, especially if it’s got a BC government coat of arms attached. Never mind that the program is a billboard for hopeless incompetence in autism treatment delivery, but IS really effective at shoveling millions of your tax dough into the ‘all-heat-no-light’ furnace of autism services contractors and encumbered university professors doing “research” on your kids.

To ‘Anonymous, June 12, 2003 – 04:54 pm’ I would say this: the government authors of the EIBI tragedy play are the same nameless, faceless policy technocrats on Courtney St. (Victoria), whose mission in life is to social-engineer everyone ELSE’S life — namely yours and your child’s. Don’t let them do it. Your child is too important.

In the case of MCFD’s tin plated ‘EIBI’ program, we have a MAJOR case of terminolgy theft — a linguistic heist of legendary proportion. Picture this: in broad daylight, in front of dozens of courtroom witnesses, including a BC Supreme Court judge who’s presiding over the Auton ‘remedy’ hearings (after government lost in July 2000) a BC Attorney General lawyer has the temerity to stand before the court and simply STEAL the famous nameplate off of Dr. Lovaas’ decades old, successful psychology research program on autism treatment research — what we all know today as EIBI (Early Intensive Behavioural Intervention a.k.a. Lovaas-ABA). Steal a car? You’re in serious trouble. Steal the name off someone’s lifelong work, well that’s just the normal give and take and hurly burly in a BC superior courtroom, didn’t you know?

So what did the A/G lawyer actually say to the judge? Just paraphrasing, of course, but it was something in line with, “yeah, my lady, that’s it. We’re going to do that EIBI thing for the kiddies with autism to satisfy your ruling. Trust us. We’re for real. It’s all set up – we have an action plan and everything. All’s we need is a bit more time to get those RFP’s lined for the 75 kids, capacity problems in the regions and all.” Perhaps it wasn’t said EXACTLY that way, but I remember it was very much in that spirit.

Quite amazing really, what a lawyer can pull off with a straight face soon after they Hellijet over from the Attorney General’s Ministry – with more than a little help from policy friends at MCFD-Early Child Development and a professor or two at UBC’s Faculty of Education. Their combined efforts couldn’t defeat the Auton case on the merits. Government produced nothing but hollow arguments and evidence that failed, including the biased, fraudulent UBC health technology research that was tossed out of court. Government lost big – twice. “But how to snatch victory from the jaws of defeat,” pondered the intrepid MCFD bureaucrats on Courtney St. No worries! Just slap a fake label on a repackaged pilot project from UBC’s Education Faculty (originally the MCF Deputy Minister’s “Autism Pilot Project,” an affidavit, unveiled a mere 24 hours before the Auton case started) then simmer on low, serve anew as ‘EIBI,’ with relish but sans any evidence that the damn thing’s legit, and VOILA!

Does this recipe of government legal subterfuge sound too impossibly fast-and-loose to comprehend? Arrogant bureaucrats and Attorney General lawyers playing big-time games with the courts? Well, you can all decide that for yourselves, but to be sure, there’s no real EIBI protocol behind the ‘EIBI’ program, in the same way the outdoor market near Waikiki has nice looking Gucci bags that haven’t traveled through Italy and loads of shiny Rolex watches from Hong Kong that never came close to the Swiss Alps … or that Universal Studios tour with beautiful Hollywood sets and nothing much behind the front door. You get the point. Rule of thumb is if it’s audacious enough, people will believe it, even if it’s thoroughly outrageous government fraud sold to a judge. But that only works in the short run.

So, welcome one and all (and bienvenue, newcomers from Quebec) to the Children’s Ministry EIBI program! Next tour to the back lot leaves right after the waitlisted, multidisciplinary diagnosis from Sunnyhill. Try to miss that train if you can.

Isaac
(Miki’s Dad)

[Isaac]

The Weighty Debate on Elephants and Government Policy
________________________________________________________

Is it conceivable that two thoughtful, eloquent folks on the FEAT Chat Board can BOTH be right at the same time, even when they have seemingly opposite views and opinions on the long running autism treatment struggle in BC? Take a close, careful look at the forum’s ‘Tina the Elephant’ debate, and it’s arguable this thread on heavy mammals (thoughtful as it may be) is yet another instantiation of the ‘Cool Hand Luke’ paradigm i.e., "What we have here is a failure to communicate."

How so? Well, the first opinion posted speaks of the strong public outcry regarding an ailing descendant of mastodons residing in Langley, which markedly contrasts with the largely muted public reaction to the outrage of ongoing government discrimination against children struggling to overcome the ravages of autism; this is valid commentary. The second opinion posted (anon#1) speaks to how much better things are now as compared to a short year or two ago — the huge gains made in terms of public policy for autism treatment funding. This is also irrefutable. The autism treatment progress made via the Auton case and targeted efforts of FEAT’s autism advocates are unprecedented and are literally saving hundreds of children in the province.

So where’s the disagreement? There really is none. The first poster is speaking about society’s comparative views on zoo animals vs. disabled kids. There’s merit in that opinion; many in society haven’t evolved sufficiently to rise above that. It remains a sad fact that systemic discrimination against our children continues to run very deep in this society, ergo the disproportionate compassion for an elephant (loveable as she is … I’ve taken my own kids to see her many times and we talk about her pictures in the photo album).

And what of comments by Anon#1? They speak to progress made in terms of individualized funding for autism treatment, compared to the dark days (the low point) of autism treatment policy when Joy & Co. were in charge. Quite true as well. This represents huge progress in autism treatment policy, but the roots of Section 15 (1) discrimination remain firmly entrenched and the battle to maintain gains and see this struggle through continues apace.

Isaac (Miki’s Dad)

NOTE: the term ‘autism’ actually didn’t appear in the name of ANY BC government programs prior to the Auton case … they were all generic special needs ‘support’ programs — AND means tested by social workers, just to complete the discriminatory picture.

[Isaac]

Court rules Ontario must fund boy's autism therapy

CP 05/27/03

A 6-year-old central Ontario boy has won a court decision requiring the provincial government to continue funding his treatment for autism.

Andrew Lowrey of Orillia was diagnosed with the serious and disabling neurobehavioural syndrome when he was 4 years old.

The Ontario government funds intensive behavioural intervention (IBI) therapy for autistic children at a cost of about $50,000 per child per year. However, the funding ends when the child turns 6.

Andrew's parents, David and Maureen Lowrey, challenged the funding cut-off as age discriminatory and contrary to the Canadian Charter of Rights and Freedoms.

On April 11, 2003, Justice Arthur Gans of the Superior Court of Justice granted a temporary injunction compelling the government to continue funding the boy's therapy even though he had reached 6 years of age.

The injunction was to remain in place until Andrew's lawsuit was decided on its merits or until the judgments in similar cases were released later this year.

Justice George Lane dismissed the government's appeal of that decision today.

"Our family is ecstatic, overjoyed and relieved," David Lowrey said in a release.

"Many autistic children can be cured of autism, if they get IBI treatment early enough and long enough. Andrew was late entering IBI therapy, but his progress was truly exceptional and his prognosis is excellent."

"This is a great decision for Andrew, and for other autistic children," said Patrick Lassaline, one of several lawyers representing Andrew in his legal challenge.

This may be the last legal challenge for the boy, said the lawyer who argued Andrew's motion before Lane.

"Similar cases are currently being heard in the Ontario Superior Court of Justice and decisions may be rendered later this year. The outcome in those cases will likely
determine the law on a final basis, subject to any appeals," said Robert Durante.

"Although those decisions will impact Andrew's case, hopefully Andrew's IBI treatment will have run its intended therapeutic course by that time."

[Isaac]

For those who may have missed it, CKNW Radio's Bill Good interview with Jean Lewis, regarding Supreme Court of Canada's decision to hear BC's appeal of the landmark Auton ruling on medically necessary autism treatment, can be heard on the FEAT BC server — here's the address:

https://featbc.org/files/media/radio/good_05_15_03.html

[Author]

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