The B.C. government's refusal to pay for the highly effective but expensive Lovaas treatment through Medicare violates the Charter of Rights, Justice Mary Ann Allan said in a ruling released Thursday. Four parents sued the province on behalf of their autistic children for being refused the behavioural therapy. The Crown argued alternative treatments were available. But Allan rejected that. She ruled the government's refusal to pay was direct discrimination under Section 15 of the Charter and ordered the Ministry of Health to look at how best to pay for Lovaas treatment.
Autism is a neurological disorder that causes developmental problems.
Autistic children are usually very withdrawn, aggressive and have no sense of fear of such things as cars, knives or even fires. A 1980s study of the Lovaas therapy system revealed that 47 per cent of those treated ultimately achieved normal functioning, with most others showing considerable improvement, according to one expert who testified at the civil trial. The parents argued in court that Medicare should cover the cost of the therapy because autism is a serious health and safety issue that requires early intervention. She said the therapy has worked wonders and may even allow him to one day live independently. Lewis said there are about 150 families in B.C. paying for Lovaas therapy for their children at the Lovaas Institute at the University of California.