Ont. Court Rules In Favour Of Gov’t In Autism Treatment Debate
Posted July 7, 2006 12:00 pm.
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A lower provincial court previously ruled in favour of the parents, many who’ve drained their savings to pay for the treatments that can cost up to $80,000 a year. The Ontario Superior Court said in March 2005 that cutting the treatment off when a child turned six was a violation of the Charter of Rights.
The treatment at the centre of Friday’s ruling is called intensive behavioural intervention (IBI) or applied behavioural analysis. The province started paying for the one-on-one therapy for kids between two and five in 2000, but the funds are cut off when a child turns six and parents are forced to cover the heavy cost on their own.
The theory behind IBI is that autistic kids can improve their behaviour by performing repetitive actions.
The province appealed the initial ruling, claiming this specialized treatment is most effective for kids under six and the Court of Appeal agreed.
“Exclusion of (autistic children) because of their age from a program so particularly designed to assist another disadvantaged group does not deny their human dignity or devalue their worth as members of Canadian society,” the court said.
“We are left with profound admiration and respect for the struggle of (autistic children) and their families.
“However . . . the charter cannot guarantee success in such a struggle, nor can it require the state to provide whatever assistance is needed to achieve that success, as compelling as that may be on moral or policy grounds.”
The government responded to the ruling by reiterating its commitment to funding for special needs children – the McGuinty government says it’s more than doubled its investment for children and adults with autism since taking office in 2003.
Because of the new investments, the province says the number of kids receiving IBI has increased by 70 percent since April 2004.
Children and Youth Services Minister Mary Anne Chambers said Friday’s ruling won’t change the services provided to autistic children and said after the previous ruling, the province has provided the funds for treatment for kids over the age of six if they’re assessed as needing it.
Approximately 8,000 children under the age of 18 have been diagnosed with autism in Ontario.
