Quebec Human Rights Commission Supports Class Action by Children with Autism to Halt Systemic Government Discrimination

http://www.newswire.ca/releases/October2002/21/c3079.html

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Attention Assignment/Health/Life/Family/Education/Medical Editors:

Quebec Human Rights Commission Supports Class Action by Children with Autism to Halt Systemic Government Discrimination

    TORONTO, Oct. 21 /CNW/ - A group representing hundreds of families of
children with autism spectrum disorders announced today at a press conference
that the Quebec Commission des droits de la personne et des droits de la
jeunesse (Quebec's Human Rights Commission) has informed them of its intention
to intervene on their behalf in their class action suit against the Quebec
Government. The families have undertaken this legal action to put a halt to
the Quebec Government's systematic discrimination which has been denying their
children a medically necessary treatment, intensive behavioral early
intervention. Only last week, a British Columbia Court of Appeal ruling
against the BC Government established a clear precedent that it is
discrimination under the Canadian Charter of Rights and Freedoms for a
provincial government to not provide medically necessary fully funded
intensive behavior intervention for children with Autism Spectrum Disorders of
all ages as long as deemed beneficial by the child's physician.
    By rejecting the Government of British Colombia's appeal of the BC
Supreme Court's Auton decision, the BC Court of Appeal's ruling on October 9
has provided additional support to the Quebec parents' class action suit. The
unanimous decision upheld the Auton decision which requires the BC Government
to provide intensive early behavioral intervention, as a medical necessary
treatment, for children with an Autism Spectrum Disorder (ASD). It has also
opened the door for legal action on behalf of many thousands of children with
autism conditions in various provinces in Canada who currently are being
denied treatment. The Court of Appeal also extended the decision so that even
school age children with Autism Spectrum Disorders, through court intervention
if necessary, will be able to access such intervention if requested by the
family physician (with the written support of a neurologist or psychologist),
with non-compliant civil servants facing possible contempt charges. This
decision will go a long way to compel provinces and territories, such as
Quebec, that have been unwilling to finally provide effective autism treatment
to provide it regardless of severity, specific diagnosis or age.
    The court decision is all the more important given the rapid increase in
the number of children diagnosed with autism conditions (63% increase from
1999 to 2001 in Canada). It is widely recognized that early intensive
behavioral intervention can significantly improve the functioning of children
with autism, which the BC Court of Appeal noted in its decision, and is
critical to avoiding an otherwise bleak institutionalized future. Effective
treatment provision will help to reduce lifelong costs to governments (cost-
effectiveness research indicates by 50%), and will reduce the human suffering
of people with autism conditions and their families. Because appropriate
services are generally not available, human suffering associated with autism
conditions in Canada is profound.

    Two Canadian courts have now spoken: not providing effective treatment in
the form of intensive behavioral intervention to people with Autism Spectrum
Disorders is discrimination under the Canadian Charter of Rights and Freedoms.
Autism Society Canada, therefore, throws its full support behind the legal
action undertaken by the Quebec Autism Class Action Committee.

    Autism Society Canada   www.autismsocietycanada.ca
    Quebec Class Action Committee   http://beaudincom.com/autisme/
    Fédération québécoise de l'autisme et des autres troubles envahissants de
    développement   http://www.autisme.qc.ca/
    BC Court of Appeal decision
    http://www.courts.gov.bc.ca/jdb-txt/ca/02/05/2002BCCA0538.htm




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For further information: CONTACT: LAURIE TURZA, (866) 874-3334, 
EXECUTIVE DIRECTOR, ASC; LISA SIMMERMON, (306) 545-0966, CELL (306) 533-6665,  
PRESIDENT, ASC; PETER ZWACK, (514) 987-3000 ext3304#, QUEBEC CLASS 
ACTION COMMITTEE

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