Toronto Star

Autism court appeal starts

Province says age cut-off needed for pricey treatment Families urge McGuinty to drop appeal on ruling

- HAROLD LEVY STAFF REPORTER WITH FILES FROM ROB FERGUSON

While protesters and their autistic children gathered near the courthouse yesterday, government lawyers defended Ontario’s early interventi­on program as a world leader in the field. The lawyers are trying to overturn the decision of a Superior Court Justice who ruled in a lawsuit brought by 30 families that the government had violated the constituti­onal rights and “ human dignity” of their autistic children when it cut off funding at the age of 6 for a treatment program.

Justice Frances Kiteley ruled the program known as intensive behaviour interventi­on was effective for autistic children over age 5 — not just preschoole­rs between 2 and 5 — after a massive five- month trial involving many expert witnesses.

“ I find that the age cut- off reflects and reinforces the stereotype that children with autism over age 6 are virtually unredeemab­le,” Kiteley ruled in April. “ To deny the plaintiff children the opportunit­y to have ( treatment) after the age of five is to stereotype them, to prejudice them, and to create a disadvanta­ge for them. The age distinctio­n . . . perpetuate­s this stereotype.” Kiteley described the plight of families who went deep in debt to pay for treatment costs of up to $ 80,000 per year as “ heart- breaking.” Some of those families gathered for a rally at Nathan Phillips Square shortly before court was to begin. The protesters carried signs proclaimin­g “ It’s time to help all children with autism. No more excuses,” and “ My sister deserves healthcare.”

Laura McIntosh, one of the organizers, said the protesters planned to walk to Queen’s Park to convey a message to Premier Dalton McGuinty: “ Honour your election promises and drop the appeal.” Other family members crammed into the courtroom when Crown lawyer Robert Charney stood up to make his submission­s to Justices Stephen Goudge, Janet Simmons and Eileen Gillese. Charney said Ontario’s record of treating autistic children since the province created an early interventi­on program in 2000 has made the province a world leader in the field. He noted the province had provided the program to more than 1,200 since the program began, funded the training of more than 900 therapists to provide the interventi­ons, and increased spending significan­tly every year.

“ The age limit focuses

the limited capacity on

those children who

will benefit most . . .

who are most in need,” he said. Charney cautioned the judges that opening up the treatment to school-age children would result in longer waiting lists for pre- school children and cut pre-school age children from the program. Crown lawyer Sarah Kraicer argued that Kiteley had ignored the “ controvers­y” surroundin­g the treatment of older children with intensive behavioura­l interventi­on, and that expert evidence during the trial did not support her conclusion­s on the effectiven­ess of the program.

In the Legislatur­e yesterday, both opposition parties accused the Liberals of breaking election promises to extend the interventi­on treatment and called on the party to end the appeal. Attorney General Michael Bryant said the government is appealing because “ it is the Legislatur­e that is in the best position to provide the services,” instead of leaving it up to judges in individual court cases. He told the Legislatur­e the government is paying appeal court costs for the families involved.

 ?? COLIN MCCONNELL/TORONTO STAR ?? Andie Gendron, 2, and other family members of autistic children were outside Nathan Phillips Square yesterday to protest against the province, which is appealing an April court decision ordering the government to maintain an intensive interventi­on...
COLIN MCCONNELL/TORONTO STAR Andie Gendron, 2, and other family members of autistic children were outside Nathan Phillips Square yesterday to protest against the province, which is appealing an April court decision ordering the government to maintain an intensive interventi­on...

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