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 July 27. 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Autistic children are usually very withdrawn, aggressive and have no sense of fear of such things as cars, knives or even fires. 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.