Shawn Murphy Motion – Amend Canada Health Act to Cover Autism Treatment
http://www.cbc.ca/health/story/2006/11/29/autism-strategy.html
Charlottetown MP calls for national autism strategy
Last Updated: Wednesday, November 29, 2006 | 3:26 PM ET
CBC News
Recent federal initiatives to help people cope with autism don’t go far enough, says a Charlottetown MP behind a private member’s bill that calls for a national strategy on the neurological disorder.
‘A little bit for research, a little bit on surveillance, but nothing else.’— MP Shawn Murphy
The Nov. 21 announcement by federal Health Minister Tony Clement provided $800,000 for research and education, including a new research chair, an autism symposium and an autism page on the Health Canada website.
But Charlottetown MP Shawn Murphy, a Liberal, said the federal Tories need to do more to provide more equal levels of care across the country.
Shawn Murphy says the government’s program is ‘very limited.’
Murphy has a private member’s bill that will be debated next week in the House of Commons that calls for a national autism strategy with health care coverage for autism treatment and therapies.
“There has to be a national strategy,” said Murphy.
“Right now we have tremendous differences between what is offered in British Columbia, what is offered in Alberta and Ontario and what is offered in some of the Atlantic regions.”
Murphy said there shouldn’t be that kind of variation to treat a common neurological disorder. In fact, autism rates are on the rise in Canada, affecting an estimated 150,000 children.
“It’s mind-boggling, the difference. This is a health issue. It’s not a social services issue. It’s a health issue. And it should be treated as such under the Canada Health Act.”
Autism activists were unimpressed with the initiatives announced by Clement, saying there are lots of good internet resources on autism. They said more money is needed for therapies already known to be effective.
“It’s a very limited announcement. A little bit for research, a little bit on surveillance, but nothing else,” said Murphy.
Autism therapy can cost $60,000 a year, but activists argue that is infinitely less than the cost of leaving people untreated, which can lead to institutionalization for the autistic person and cause families to break apart under the stress of raising an autistic child.
House of Commons Debate National Autism Strategy Nov 27 06
More history was made yesterday, November 27 2006, with the amendment of M-172 and subsequent discussion of a National Autism Strategy:
House of Commons Debates
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OFFICIAL REPORT (HANSARD)
Monday, November 27, 2006
Speaker: The Honourable Peter Milliken
Prayers
PRIVATE MEMBERS’ BUSINESS 
[Private Members' Business]
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[English]
Autism Spectrum Disorder 
Mr. Speaker, I appreciate the opportunity to complete my thoughts on Motion No. 172 addressing a national autism strategy.
| –the legislature is under no obligation to create a particular benefit. It is free to target the social programs it wishes to fund as a matter of public policy, provided the benefit itself is not conferred in a discriminatory manner. |
| That, Motion No. 172 be amended by deleting all the words after the word “include”, and substituting the following: |
| (a) the development, in cooperation with provincial-territorial governments, of evidence based standards for the diagnosis and treatment of autism spectrum disorder; |
| (b) the development, in cooperation with provincial governments, of innovative funding methods for the care of those with autism spectrum disorder; |
| (c) consulting with provincial-territorial governments and other stakeholders on the requirements of implementing a national surveillance program for autism spectrum disorder; |
| (d) the provision of additional federal funding for health research into autism spectrum disorder. |
It is my duty to inform hon. members that pursuant to Standing Order 93(3) no amendment may be proposed to a private member’s motion or to the motion for second reading of a private member’s bill unless the sponsor of the item indicates his or her consent. Therefore, I ask the hon. member for Fredericton if he consents to this amendment being moved.
I do, Mr. Speaker.
There is consent.
Mr. Speaker, what just happened in the House is extremely significant. It extends to the whole House an opportunity to embrace a subject matter that is substantively to adopt a national strategy to address autism.
Mr. Speaker, I am pleased to rise today and support the motion put forward by the hon. member for Fredericton.
Mr. Speaker, I dedicate this speech to someone who has more impact on people than most of us could ever dream. As amazing as it may sound, he is an individual who does not have a mean bone in his body. He is incapable of hate. He is incredibly intelligent and never says anything he later regrets. He has taught me more about myself than I ever imagined there was to know, and he is only 11 years old. He is my son, Jaden, and he has autism.
Mr. Speaker, I speak today in support of Motion No. 172 as the House has accepted the amendments just moved by the member for South Surrey—White Rock—Cloverdale.
Mr. Speaker, I am pleased today to join colleagues on all sides of the House and speak in support of Motion No. 172.
Order. I am sorry to interrupt the hon. member, but the time has come for the hon. member for Fredericton to provide his five minute summation of the debate.
Mr. Speaker, let me first thank the government for moving the amendment which allows the government to support the motion. I would like to thank the member for South Surrey—White Rock—Cloverdale for moving the amendment. I would like to thank the Minister of Health, the Parliamentary Secretary to the Minister of Health, and the House leader as well.
[Translation]
It being 12:03 p.m., the time provided for this debate has now expired.
[English]
Conservatives Will Support Amended Motion for a National Autism Strategy
http://www.canadaeast.com/dg/news/article.php?articleID=72883
Father of autistic child satisfied with plan
OTTAWA – Brian Rimpilainen watched from the galleries of the House of Commons on Monday as Parliamentarians found a compromise on a national strategy on autism that the governing Conservatives, Liberals and New Democrats could support.
Rimpilainen, a Fredericton man whose eight-year-old son, Logan, has autism, said he was satisfied with the outcome of the debate even if the compromise motion is less robust than the original one put forward by Fredericton Liberal MP Andy Scott.
“It is good to see it moving forward,” he said.
The debate was unusual in that it showed Parliamentarians working together instead of fighting, and that the MPs who addressed it told emotional personal stories. The vote on the motion will be held Dec. 5.
The only party opposing it is the Bloc Quebecois because it treads into provincial jurisdiction.
Speaking at the end of the debate, Scott said he would have preferred his original motion but that in the interests of getting government support it was acceptable to water it down.
“The amendment in fact captures the spirit of the original motion,” he said, noting that the four elements are still there: a national strategy based on national standards, funding, surveillance and research.
The amendment stressed that the objectives would be achieved “in cooperation with the provinces,” a key caveat that allowed the federal government to support the motion.
“All those elements are there. They are not nearly as prescriptive as they were in the original motion and that was necessary to get the government to do it in a way it sees fit, but all the elements of the original motion are there and we will hold the government’s feet to the fire to make sure it is done in the spirit in which it was intended.”
Scott said he had support from the New Brunswick Autism Society for the amended motion, and had been working with Leo Hayes high school where the autism motion has been a class project.
During the debate, Alberta Conservative Mike Lake told his story about his 11-year-old son Jaden who has autism.
When Jaden was 21-months-old, they began to suspect he had autism.
“We knew that therapy was going to be expensive. Even then we were looking at between $50,000 and $60,000 a year. At that time, I was making probably between $35,000 and $40,000 so the numbers did not really add up,” he said.
Lake added that he was lucky because around that time Alberta decided to fund the expensive, 40-hours-a-week, one-on-one therapy that many consider necessary to break through the isolation that people with autism suffer from.
New Brunswick covers the treatment but only until the age of six, while in Alberta it is until the age of 18.
“The fact remains that where Alberta showed leadership and made autism treatment a priority, other provinces have not. That is why this motion is so important,” Lake said.
He credits the treatment for the progress Jaden has shown. He is now in school.
Steven Fletcher, the parliamentary secretary to the minister of health, also spoke to the motion. A quadriplegic due to an automobile accident, Fletcher had worked with Scott to find a compromise.
“It is issues like this which attracted me to politics in the first place. I never planned to be a politician. I wanted to be an engineer like my father, grandfather and great-grandfather, and I actually became one. I worked in the gold mines, but after my accident, a collision with a moose, I realized that my career as an engineer would be impossible. I had to make different choices,” Fletcher said.
“It was after my accident that I realized that in our society we have a contradiction.”
Canada treats illness but doesn’t invest enough in ensuring that disabled people can live “meaningful and dignified” lives, he said.
“Canadians expect that everyone should have the opportunity to live the Canadian dream,” Fletcher said, turning his wheelchair to face the Bloc MPs.
“This is the right decision “… I understand there is an objection from one party because of the word ‘national’ in the motion. The House should always put Canadians first, regardless of the province they may come from.”
Outside the Commons, Fletcher said the government began to address autism last week when Health Minister Tony Clement announced some funding for research, and the final public policy will include “innovative funding methods” for families.
Fletcher said the research will answer questions such as why autism is increasing and whether intense therapy is the best treatment, adding that the provinces have to be involved because health care in a provincial jurisdiction.
Also outside the Commons, Scott said the government must come up with a strategy before the next federal election.
Brian Rimpilainen Off to Ottawa to Support National Autism Strategy Motion
Fredericton NB area resident Brian Rimipilainen is off to Ottawa to help support the Andy Scott-Peter Stoffer motion calling on the federal government to develop a national autism strategy.
Dad says feds need to step up to help autistic kids
Brian Rimpilainen, left, with his eight-year-old autistic son Logan share some play time Saturday at Wilmot Park. Rimpilainen is expected to travel to Ottawa today to observe as Parliament debates an autism bill
OTTAWA – A Fredericton father plans to listen carefully from a seat in the gallery at the House of Commons today as MPs debate a motion for a national strategy to help autistic children.
Brian Rimpilainen, who has an autistic son, says the federal government should take a leadership role in establishing national standards and funding a national strategy to help families of autistic children. Therapy for some autistic children can cost as much as $70,000 a year.
Rimpilainen, a 36-year-old communications lineman with the Armed Forces, said his trip to Ottawa is a concrete way to show support for Fredericton Liberal Andy Scott’s four-part motion to establish a national strategy for autism spectrum disorder.
Rimpilainen’s eight-year-old son Logan has mild autism that required two years of intensive therapy after he was diagnosed at age three. At $15 an hour and 40 hours a week, the cost can be enormous. But Rimpilainen said it was worth it. Logan is now in Grade 3 and doing well at school.
He also has an assigned teacher’s assistant for his special needs, although the assistant still lacks the specific training for autistic children, Rimpilainen said. “When my child was diagnosed, it was up to us to find services and information. As for funding, there was no funding at the time. My child actually missed out by two years because they had not decided what to do with the funding,” he said.
Currently the federal government is conducting research into autism and providing some tax relief for families of autistic children, but won’t entertain a national strategy because health care is a provincial jurisdiction.
As a result, the quality of services varies across Canada. In New Brunswick, families get help until the child turns six, while in Alberta families are helped until the child turns 18.
Rimpilainen has no time for the jurisdiction argument. “There is a role that the government can play to show leadership. Certain things can be done to improve services across Canada,” he said. “They can provide the leadership to form a strategy with the guidance of the provincial needs.”
As a result, a neurological disorder that affects one in 166 children is subject to a patchwork of programs. “There has not been any real commitment to address the issues of providing services to the children. There has been a little bit of study and information put out, but as to providing therapy to the children and supports to the child and family, not much has been done.
“I would like to see the national strategy come into effect where all provinces would be able to receive some sort of standard toward the delivery and services that are offered across Canada.” The positions the political parties took during the first hour of debate Oct. 27 on Scott’s motion would see it defeated. The Liberals and the New Democrats supported it, while the Bloc Quebecois and the Conservatives opposed it because it intrudes into provincial jurisdiction.
Still, there have been negotiations between the Liberals and the Conservatives to see if it can be amended on the floor during debate so the governing Conservatives can back it. After the second hour of debate in the House of Commons today, there will be a vote on the motion Tuesday, Dec. 5.
Michelle Dawson v Canada Post Corporation – Autism Not an Occupational Safety Hazard
October 23, 2002 of the Canada Appeals Office on Occupational Health and Safety the appellant Michelle Dawson refused to work and attend a medical appointment required by Canada Post Corporation following an injury on duty absence. Ms. Dawson is autistic and complained that CPC had not given her sufficient prior notice of the medical appointment in writing to prepare for it. A Health and safety officer investigated the refusal to work and decided that a danger did not exist for Ms. Dawson. Ms. Dawson appealed the decision of no danger to an appeals officer pursuant to section 129(7) of the Canada Labour Code, Part II. Under that section an employee can refuse to perform work if it constitutes a danger to that employee.
The appeal board rejected Michelle Dawson’s appeal and concluded that: “Under the Code, Ms. Dawson’s autism and related factors may be considered in respect of a danger connected with the use or operation of a machine or thing, a hazardous condition that exists in a work place or the performance of a work activity. However, where the hazard related to an activity is linked solely to the employee’s own medical condition, as in this case, it is not a danger covered by the Code.”
It is not clear from the decision why Ms. Dawson felt that a direction to attend a medical examination posed a danger to her because of her autism. Had Ms. Dawson’s argument been accepted though it might have been used by federally regulated employers to deny workplace opportunities to employees with autism.
http://66.221.49.64/autismfacts/MichelleDawsonLC.pdf
Thank You Andy Scott and Peter Stoffer
The following are the opening statements by Fredericton MP Andy Scott and Sackville-Eastern Shore MP Peter Stoffer on M-172 the private members’ motion calling for a national autism strategy in Canada. Partisan politics may or may not prevent passage of this historic motion but the autism community in Canada could not have had two more knowledgeable, determined and elequent spokesman to raise autism awareness in the country. Whatever happens I sincerely thank Mr. Scott and Mr. Stoffer for all that they have done. While appellate courts have washed their hands of the autism crisis and politicians generally have tried to turn their backs on vulnerable autistic children Mr. Scott and Mr. Stoffer have been true champions.
Thank you Mr. Scott and Mr. Stoffer.
Autism Spectrum Disorder
Hon. Andy Scott (Fredericton, Lib.)
moved:
[Motion]
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That, in the opinion of the House, the government should create a national strategy for autism spectrum disorder that would include: (a) the establishment, in cooperation with provincial governments, of national standards for the treatment of autism spectrum disorder and the delivery of related services; (b) the study, in cooperation with provincial governments, of the funding arrangements for the care of those with autism spectrum disorder, including the possibility of transferring federal funds to assist provincial governments to provide no-cost treatment, education, professional training and other required supports for Canadians with autism spectrum disorder without unreasonable wait times; (c) the creation of a national surveillance program for autism spectrum disorder to be managed by the Public Health Agency of Canada; and (d) the provision of funding for health research into treatments for autism spectrum disorder. |
He said: Mr. Speaker, first, let me thank the large number of people who have aided in my understanding of this issue. They are parents, community activists and autism support workers. They are Canadians concerned about something that is unfinished business for Canada.
This is a moment when the national government can step up, accept responsibility within the context of its own authorities in this Confederation, and show leadership on this issue. This is a very rich country and, as such, we can no longer afford to look the other way in terms of this rather outrageous limitation of what is available through the public health insurance program in Canada.
I understand there are jurisdictional limitations to which we have to attend, but within that there is an opportunity to show leadership on this file, to work with provinces, to encourage them and incent them to deal with those areas, such as research and evidence-based public policy and standards.
The motion appeals to the government to show that leadership and to Parliament to ask the Government of Canada to do that. The rationale for this is relatively simple and stunningly inconsistent with my view of my country.
The reality is when parents are told their child, at 18 months old, has been diagnosed with autism spectrum disorder, depending upon how profound that condition might be, the effect on the child for the rest of his or her life could be incredibly limiting. Then they are told that there are treatments, therapies and things that can be done, but they are expensive. They may cost them their house. It means that somebody probably has to stay at home, which may cost a parent a job.
This is unacceptable in a country that prides itself on its public health care system. We have to move on this, and the Government of Canada can show leadership on this issue.
I am former assistant deputy minister of intergovernmental affairs with the province of New Brunswick. I understand the jurisdictional issues, but we cannot let those jurisdictional issues get in the way of doing what we know to be the right thing as a national government for Canadian citizens.
I became most aware of this as the member of Parliament for Fredericton. I have a military base at CFB Gagetown. When members of the forces were transferred to New Brunswick, if they happened to have children who were diagnosed with autism, they would call me to say that they needed to get back to Edmonton or some other place in the country. As a parliamentarian, as somebody who feels an obligation to those military personnel who serve our country, I was concerned. However, I was also concerned as a New Brunswicker. What does that say about everybody else who lives in New Brunswick, who would wish to have those services that are better provided in other places in the country?
The other thing that has been revealed to me is all the treatments and therapies available. It is a spectrum disorder so I do not think we can get caught in a narrow debate about this one or that one. The reality is there are things out there at which we need to look. There are things available today that work and they need to be supported by the government so they can be used by parents and families.
I like to see this as a rights issue, something that we do because it is the right thing to do. However, if I cannot convince everybody to do it for that reason, just think about the long term costs of not doing intervention early and now. Think about what that means in terms of the life of that individual and the role the state will have to play. If it is not enough to simply speak to the rightness of this issue, then we should realize that the state will carry a tremendous cost if we do not do the right thing early.
In putting forward a motion to Parliament to appeal to the government, the process I envision would be the national government would recognize that medicare formularies are the jurisdiction of provincial governments. The national government could work with provincial governments, on behalf of Canadian citizens, to advance this issue, with the ultimate objective being that the treatment and care of Canadians with autism would be covered under medicare.
We cannot do that from here and we accept that. However, we can show leadership, offer incentives, do the research and establish surveillance so we can do good evidence-based public policy. Those are all things that are clearly under the purview of the national government. Until we do those things, we really do not have any right to expect the provinces to do the right thing. When we do those things, then we will have a stronger moral position on the other issues.
Again, I want to ensure that it is understood. I know this will be a difficult issue for the government to deal with because of the jurisdictional issue. That is an understood aspect of this debate. I do not think for a second that should allow the national government not to do the things within its purview. It will make it more difficult for the provinces to say no. More optimistically, it think it will encourage the provinces to do the right thing as well.
I would like to thank a number of people. The seconder for this motion, the member for Sackville—Eastern Shore, has long been a champion on this issue. In fact, when my bill was drawn in the process earlier than his, he offered me the opportunity to put this forward so it would be a votable motion, and I appreciate that.
I appreciate the many meetings I have had with representatives of the government. I believe the government genuinely would like to find a way to get this done. For those who watch this place, sometimes not operating at its finest, maybe we can come to a conclusion that would demonstrate just how well this place can work when something calls out to be fixed.
I was asked to read a letter by a constituent in my riding, who is in the armed forces. His name is Brian Rimpilainen. He is from Fredericton. He and his wife Tracy have two kids, a four year old and an eight year old, who has been diagnosed with autism. This was specifically written by him. He stated:
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The birth of a child is both joyous and trying at times, but at the age of 3 yrs came the crushing blow of an autism diagnosis for our oldest boy. Overwhelming and frightening was the situation we were thrust into. With reason comes questions— What to do?—What information can we find to educate?—What treatments?— WHAT HELP? |
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Well, there is ABA (Applied Behavioural Analysis). At our own expense, we sought the guidance of Dr. Paul McDonnell and a therapist. 40 hrs/ week is the recommended therapy which is not always possible for some families. We learned the basics of ABA—we did the best that we could. Later, some assistance came—but too late for our son—he was already entering kindergarten. Tracy was fortunate to have the opportunity to be certified as an ASW (Autism Support Worker) at the University of New Brunswick’s College of Extended Learning. |
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We know that we were blessed to have been given an autistic child—we celebrate the joys of both our children’s successes and embrace the hardships/headaches of autism. But what now?— What more can be done?—What will happen when Tracy and I are gone? Will my son be taken care of in his adult years? |
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I see the heartache of parents who relocate to find services for their autistic children. Shall we all move to Alberta where services are enviable? As a member of the Canadian Forces I have contemplated the possibility of a posting. What services will be available? How will the move disturb our children’s balanced life? |
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I see that there is research and training that could be done. The school-aged autistics need the help of trained Teacher’s Assistants. “Inclusion” is not the answer for all autistics, some require one-on-one instruction, some flourish with the social interaction of peer mentoring. I question why all autistics across Canada can’t get the same level of services within reasonable wait times. Stress and hardship in the autistic family leads to a higher than normal divorce rate: the mother becoming the primary caregiver. |
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With such a high prevalence rate we must act now. Does it not make sense to invest in trying to facilitate the ability of autistics to achieve their potential as productive citizens? The alternative is an immense cost to society in long-term care. AUTISM does not discriminate, it does not wait, it does not stop at age 6. As a father/ parent, all I can hope is the recognition, dignity, and security for our children as citizens of Canada. |
For Brian and Tracy, their story tells the story. I do not know how we can turn our backs on the thousands of Canadians who can tell that story.
As a Parliament, we need to recognize our responsibilities. The Government of Canada needs to show leadership in its dealings with the provinces. It should be respectful. It should not pretend or grandstand. I am not grandstanding. This is something that needs to happen. In this place we have the opportunity to do that. We have the opportunity to show the leadership, to do the research, to make money available, to do the surveillance and to do good evidence-based public policy to ensure that parents know what treatments are working, where they are, who does them and so on. That is critically important.
Also, I thank a Grade 12 political science classroom in Fredericton. Last year the classroom, which graduated in June, took on the project. The class this year has picked it up. The students are writing to members of Parliament. I am sure all members have received letters. These kids have brought in parents and professionals. They had somebody in who drafts legislation for the Province of New Brunswick. They have committed themselves to this. Their teacher is an amazing teacher, by my thinking, and these kids are absolutely committed to this. In fact, I suspect right now there is a full class taking a look at this.
It really speaks to making this place work for Canadians. They are watching. They would like to see this happen. They have put a lot of time in it. They understand the science. They understand the implications for parents and their families.
At the end of the day, I do not think there is anything else to say. In a country with this kind of wealth, and Canada is a wealthy country, and in a country that takes such pride in our public health insurance program, as Canadians, regardless of jurisdiction, we need to step up and say this is wrong and it needs to end. People who need this service have a right to expect their government to pay for it.
Mr. Peter Stoffer (Sackville—Eastern Shore, NDP):
Mr. Speaker, I cannot thank the hon. member for Fredericton enough for his dedication and work for those thousands of families with children who have autism.
Some people would be concerned about the fiscal costs of this initial treatment and everything else. However, research has shown that, in the long run, federal, provincial and territorial governments would save money. Instead of being expenditures, these are investments in our children.
I know every one of us in our ridings have families with children with autism. This is something that transcends all of us across the country. The member knows that in one out of every 166 births in our country a child is diagnosed with some form of autism, and it is increasing. We need to find out what causes autism, what we can do to prevent it from happening, if that is possible. We especially need to provide the care and the treatment they require.
On the fiscal argument, I would like the member to have a couple of more moments to indicate that this is really not an expenditure of dollars. It is an investment in some of the most beautiful children in the world.
Hon. Andy Scott:
Mr. Speaker, I understand that when we ask a question, we are generally supposed to know what the answer is so we are not surprised, but it is not necessarily the case that when we ask the question, we have to give the answer as well. However, I take the member’s point.
I frankly prefer to feel that as a nation we would do the right thing because it is the right thing to do, but if that is not enough, the reality is that this will save the provinces that are engaged in it and the nation enormous amounts of money. The upfront costs associated with intervention are so much less than the lifetime costs of not intervening. It is not really even arguable. To answer the question specifically, that would be the answer.
One of the things we really do have to recognize is that the federal government must be compelled to show leadership on this to pull all the provinces together. In the Maritimes, if New Brunswick stepped up and really did this better than everybody by a long shot, which it should and I wish it would, but if it did, there would be people who would relocate to my province specifically to have access to this service.
That is one of the reasons I am fearful that provinces would be a little reluctant to step up and do the right thing. That is why it is important for the national government to bring all the provinces together, so that all of the provinces can work together and move together to remedy this outstanding grievance.
[Translation]
Mrs. Claude DeBellefeuille (Beauharnois—Salaberry, BQ):
Mr. Speaker, I very much appreciated my hon. colleague’s speech. I know children who have autism and I know how hard it can be for their parents.
My question for the member is this: does he have any support for his motion? Can he tell us if the Autism Society Canada, for instance, has written to him to indicate its support for the motion?
[English]
Hon. Andy Scott:
Mr. Speaker, as a matter of fact, I have had these discussions with people from a variety of organizations and have a great deal of support. It is not unanimous and it is important that we recognize that because I do not think we can allow ourselves to fall into the trap, to wait for everybody to agree on everything before we do anything. We cannot. There are too many people.
It has to happen right now and we will deal with those issues that are out there, and there are because I am getting calls from people who are questioning elements of this as well, and that happens. However, the feedback is overwhelming, particularly from parents, people who are affected and who know that time is running out soon.
We are talking about somebody who had a child nine months ago. We cannot imagine the feeling if we knew that there was something available, we knew it would give our child a better life, and we could not afford it. It just does not seem Canadian to me.
Mr. Paul Dewar (Ottawa Centre, NDP):
Mr. Speaker, I want to applaud the member for bringing this forward. My wife is a teacher. She actually teaches junior kindergarten. She has seen the explosion of autism in the school at which she teaches. Identifying children early seems to be cutting edge, but we need more support. Will the hon. member comment on that, the funding for it and where it would come from?
Hon. Andy Scott:
Mr. Speaker, obviously, the earlier this intervention can take place, the better the outcomes and the better the likelihood of those outcomes. In some provinces, there is funding for that. It is a mishmash across the country. Credit goes to those who do it. I think we need to do more in many jurisdictions.
That is why it is appropriate for the national government to be engaged in this. It can help. I do not mean help in a negative sort of way, but just in a leadership way to help bring all the provinces together, to ensure that next time the ministers of health in Canada meet together, that this is on the agenda.
Harper Conservatives’ National Health Care Double Standards
With the Andy Scott-Peter Stoffer motion for a national autism strategy still making its way through the House of Commons the Conservative Health Minister Tony Clement called for a research center and a … national web site (big deal). In indicating his government’s opposition to a national autism strategy the Health Minister indicated that his government would not intrude on provincial jurisdiction over health care yet endorses a similar national health strategy for fighting cancer.
Harper Conservatives Reject National Autism Strategy
School District’s Duty to Consult – Hewko v BC
The well documented record of ABA in educating autistic children was noted. The Court found that: “… the school board failed to discharge its consultation obligation by failing “…to ensure that [the plaintiffs’] representations were seriously considered and, wherever reasonably possible, demonstrably integrated into the proposed plan of action…”. Most importantly, the District through its proposals and by failing to seriously accommodate the Hewkos home-based program, failed to demonstrate it could produce instructional control of Darren.” The Court’s decision in Hewko v B.C. 2006 BCSC 1638 (CanLII) can be found on line at:
http://www.canlii.org/bc/cas/bcsc/2006/2006bcsc1638.html
The school board’s duty to consult in Hewko was found in sections of the British Columbia School Act. A statutory duty to consult is also found in sections 12 and 13 of the New Brunswick Education Act:
12(1) Where the superintendent concerned, after consulting with qualified persons, determines that the behavioural, communicational, intellectual, physical, perceptual or multiple exceptionalities of a person are contributing to delayed educational development such that a special education program is considered by the superintendent to be necessary for the person, that person shall be an exceptional pupil for the purposes of this Act.
12(2) The superintendent concerned shall ensure that the parent of a pupil is consulted during the process of the determination referred to in subsection (1), and in the process of developing special education programs and services for the pupil.
13(2) The parent of a pupil has a right to reasonable consultation with the pupil’s teacher or the principal of the school the pupil attends with respect to the education of the pupil.
The Hewko decision has clear implications for the education of autistic children in the New Brunswick school system. In some schools and districts parents are essentially presented, without their involvement, with a fully developed SEP (Special Education Plan) for the education of their autistic child. SEP’s developed without meaningful consultation with the parents may not stand up on appeal under the Education Act, on application to the Ombudsman, or on judicial review to a court. Similarly, depending on the facts of a given case, a failure to provide autism trained Teacher Assistant to implement an autistic student’s ABA based learning plan may be found to constitute a failure of the district’s duty to accommodate that child’s disability.
Mother of autistic child reacts to news of expelled, handcuffed student with Aspergers.
Mother of autistic child reacts to news of expelled, handcuffed student with Aspergers. From the Daily Gleaner, Fredericton New Brunswick, November 16, 2006.
Letters | Reader objects to actions taken by high school
On Oct. 27, 2006, I sat nervously watching Andy Scott speak on behalf of the thousands of autistic children across Canada fighting for their rights as Canadian citizens.
As a mother of a young autistic child, it brought tears to my eyes, and filled me with hope, and joy, that maybe, someday every province will help autistic children to the fullest of their ability.
I was so very amazed at the fact that a Grade 12 class from Leo Hayes High school, taught by a Mr. Greg Peters, took on this project, and fought so hard for this issue to be brought to the House’s attention (kudos to you!).
However, the same school that prides itself in this accomplishment had a young boy handcuffed, and kicked out, a student who suffers from Asperger’s Syndrome (which is a type of Autism).
Whether or not this young boy can become aggressive is not the issue. The issue at hand is that this boy is not getting the necessary help and support that he needs to live a productive life.
The principal of Leo Hayes High School should be ashamed as this is unfair and improper treatment. You can easily discourage a child with Autism, and I am sure that this young boy has not had an easy life, yet you kick him out of school? Handcuff him?
The school that has students who are trying to help these children? What type of an example are you setting for this Grade 12 class that worked so hard on their project, fought so hard to have everyone’s voices heard?
Treatment like this is why it scares my husband and me every day to let our son enter the school system. We fear that ignorance like this will challenge his life even more.
Lisa Marie Hay
Nashwaak Village, N.B.
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Shawn Murphy says the government’s program is ‘very limited.’

