Autism ruling disappoints parents

A Supreme Court of Canada decision has dealt a blow to parents who want provinces to pay for their children's expensive autism therapy.

The court ruled Friday that it's up to the British Columbia government to decide whether to pay for Applied Behavioural Analysis.

A group of B.C. parents had argued the treatment was medically necessary and that by refusing to pay for it, the province violated the equality rights of autistic children guaranteed under the Charter of Rights and Freedoms.

But Chief Justice Beverly McLachlin, who delivered the judgment, said the province did not violate the children's equality rights.

B.C.'s health coverage plan is "a partial health plan and its purpose is not to meet all medical needs," she wrote.

The plan covers core services, which are provided by designated health-care practitioners. ABA therapy providers don't have that designation and their services couldn't be funded under the plan, said the court.

• From CBC.ca - Top court: B.C. doesn't have to fund autism treatment

In Nova Scotia, parents of children with autism were looking for a different outcome. Although the ruling only applies to British Columbia, they hoped it would set a precedent in other provinces.

"Certainly for the courts to turn their back on disadvantaged children is a travesty that shouldn't go unnoticed," said Jim Young, who has a daughter with autism.

Young has been spending his own money on therapy for daughter Gaby, since Nova Scotia doesn't pay for the intensive, repetitive one-on-one teaching.

Linda Smith, director of child and youth health in Nova Scotia, said the province accepts the value of ABA and is gearing up to provide it regardless of the Supreme Court decision.

"We're optimistic that we'll begin to implement in the next few months," she said.

Young wonders if the provincial program will be adequately funded, or if there will be limits on the number of children who qualify.

But he said getting some money from the province for ABA is better than none at all. "We have to have faith in our system and anticipate that the government will do the right thing."

• CBC backgrounder - Autism
• From Oct. 28, 2004 - Province should pay for autism therapy: MLAs