Services for young children with autism:
The Quebec Human Rights Commission joins
the class action against the Quebec government
In June 2000, at the initiative of a group of parents, legal action was undertaken to enforce the rights of young children with autism or other pervasive development disorders (PDD) to receive intensive early behavioral intervention. This class action suit is necessary in order to force the Quebec government to offer children with autism a medically necessary health service to which they are entitled just like anyone else within our universal health system. One hundred eighty children are now registered in this class action and the number keeps growing. The parents' group has received financial support from the Quebec Class Action Fund to defray the legal costs
During this morning's press conference in Montreal, parent representatives announced that the Quebec Human Rights Commission (Commission des droits de la personne et des droits de la jeunesse) is officially supporting their cause. The Commission's mission is to ensure respect of the principles of the Quebec Charter of Rights and Freedoms (Charte québécoise des droits et libertés de la personne).
In a document submitted to the Quebec Superior Court, the Commission indicated its intention to intervene in the case. The Commission stated: " The issues brought up by this class action…are clearly within the Commission's mandate…and it would like to collaborate in the class action … in order to support the allegations that the Charter rights of the claimants have been diminished. In other words, the Commission has stated its intention to participate in the judicial procedures because it supports the family representatives of the children with autism or other PDD's position that the Quebec government and its health institutions are systematically discriminating against their children. The Commission explicitly requests that the Superior Court allow the class action to proceed to court.
In addition the lawyer for the families, Maitre Jean-Pierre Ménard discussed the impact of a recent decision of the British Columbia Court of Appeal. In legal action similar to that of the Quebec parents, the BC Court of Appeal concluded that British Colombia was violating the Canadian Charter of Rights and Freedoms by refusing to offer universal and free early intensive behavioral intervention.
Also present at the press conference were representatives of the Quebec Federation for Autism and Other Pervasive Developmental Disorders and Autism Society Canada who gave their complete support to the class action. . Both organizations insisted on the necessity to increase the intensity and quality of health services offered to children with autism or PDD and pointed out that Quebec was seriously behind in this regard. For example, Newfoundland and Labrador, Canada's poorest province, offers intensive early behavioral intervention to their children with autism or PDD.
This class action follows on more than 10 years of fruitless action, which include official complaints, political pressure, perpetual committees and public demonstrations, with the realization that all these efforts have been up to now been in vain.
The Class Action Committee
and their lawyer
Maître Jean-Pierre Ménard, II.b.II.m
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Information : Jean-Marie Berthelot