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Top Ontario court denies review of autism lawsuit

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Chibi_Neko
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04 Dec 2008, 11:27 am

ctv.ca

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OTTAWA -- A group of families trying to sue the Ontario government and school boards over treatment for children with autism won't get a hearing from the country's top court.

In a decision released without comment Thursday, the Supreme Court of Canada refused permission for the families to appeal earlier rulings that put strict limits on their lawsuit.

In a release, the families said they were disappointed and would meet with their lawyers in the "coming days to determine next steps."

The five families say children with autism are suffering discrimination because the province and school boards fail to provide expensive therapies for the kids in public schools.

"Obviously, the court's decision today was a letdown for us," Taline Sagharian, whose 12-year-old son Christopher has autism, said in the release.

"For almost a decade now, families of children with autism have continued to face an impossible choice between prohibitively expensive private autism programs and an unresponsive public school system."

"The need for change remains desperate."

Ontario Superior Court threw out several of the key claims brought by the families at a preliminary stage in 2007.

The provincial Court of Appeal ruled earlier this year that some of the claims could proceed, but only after they are drastically reworked.

At issue are claims of discrimination under the Charter of Rights, as well as negligence and damage claims against the government and school boards.


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Nights_Like_These
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04 Dec 2008, 6:32 pm

Unfortunately, this will probably end up at the bottom of the extensive list of things that really need to change in this country...


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Anemone
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04 Dec 2008, 11:21 pm

It's the same as the Auton decision. The government can't afford to pay for everything, so this is one thing they won't cover, or cover much of.



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09 Dec 2008, 12:40 pm

Lawsuitable topic

My son, who was diagnosed with CP at age 17 months, got therapy immediately.

It would seem that physical challenges get more attention because they are viewed as treatable.

This is more difficult when the challenge is seen as psychological, but no less deserving. Remember, treating does not mean curing--it means helping the child progress as far as possible, as was done with my son. The brain is plastic, and new pathways are found. This is how we adapt to issues, but it often must be taught.

By the way, my son had the mildest CP possible, much like some of us on the Autisitc Spectrum are more challenged than others.

What the Supreme Court of Ontario did was reprehensible. :evil:


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Xelebes
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12 Dec 2008, 2:00 pm

Um, Supreme Court of Canada, not Ontario. Highest court in Ontario is the Ontario Court of Appeals.



Spokane_Girl

12 Dec 2008, 3:14 pm

Oh god, how much longer are they going to ignore the issue? Parents are suffering because of all the stress from lack of support and help, one of them can't handle the child so he or she leaves and that's why parents divorce, some parents flip and end up killing their child to end their misery. I blame the lack of support.



Kilroy
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12 Dec 2008, 6:12 pm

what can I say
our country is ret*d
at least Ontario
but I am a Quebecois at heart-even if I am a fillthy anglaphone :lol: