Canada’s Vaunted Health Care System Goes on Trial in Supreme Court of Canada

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Autistic Children sue for their constitutional rights in CanadaÂ?s highest court!

Autism is a devastating neurological condition that science has proven can be overcome with the proper treatment at an early age. After pain-staking reviews, the British Columbia Superior Courts agreed with science and decided that treatment for autistic children is medically necessary and should be provided as part of the children’s constitutional rights to proper health care. The federal government blatantly disagrees.

In three separate legal cases heard by three different courts and on three separate occasions, the British Columbia Superior Courts reviewed all the research and listened to arguments pertaining to the value of medical treatment for British Columbia’s autistic children. Each individual case was judged on it’s own merit. In all three cases, the British Columbia Superior Court judgments deemed behavioral autism treatment to be “medically necessary” and to be provided!

In the first case, Auton 2000, [BC Supreme Court] the court clearly stated that the treatment is medically necessary and issued a court order directing the government to pay for treatment. The second case, Auton 2002 [BC Court of Appeal – 3 judges], strengthened Auton 2000 and again ordered the government to pay necessary treatment. The third case, Anderson 2002 [BC Supreme Court] upheld the decision, and ordered the government to stop litigating and pay for the desperately needed treatment of all children with autism. In all three cases the government ignored the court orders and rejected the multiple court rulings outright!

In total disrespect to the Canadian judicial system that they themselves represent, all provincial governments across the country and the federal government are waging a pitched legal battle rather than taking care of its children. The legal maneuver is solely intended to deny Canada’s autistic children their constitutional rights to the treatment they so desperately need and their families cannot afford. This landmark legal struggle for the rights of Canada’s autistic children to necessary medical treatment— the ‘Auton’ case — will be heard before Canada’s highest court in Ottawa on June 9th & 10th, 2004 with all provinces and the federal government intervening against the children. The judgment handed down in the Auton case will have a broad and lasting effect on every single Canadian who is ever in need of any type of health care.

The core of the Governments’ defense is based on autism health care research produced by B.C. Office of Health Technology that is skewed and grossly inaccurate. The Government funded researchers were directed to produce bogus research to defend the government in this autism treatment lawsuit. This act has crossed the humanitarian line and is in total conflict with every single Canadian’s constitutional rights. It begs the question: at what point will the Canadian Government stop wasting taxpayers dollars funding bogus research performed by corrupt professors, and stop using other equally as deceptive tactics solely intended to deny Canadian citizens their constitutional rights to proper health care?

Over thirty years of scientific study have proven that Lovaas-type autism treatment is the only successful treatment for debilitated children with autism. The New York Department of Health and U.S. Surgeon General affirm as much. It’s the only longitudinal, between-subject designed, matched study in autism treatment research showing the efficacy of the treatment. There have been over half a dozen replications, demonstrating that, in every case, the children in the treatment group SIGNIFICANTLY improved over the control group. In this landmark study published nearly twenty years ago, half of the children were indistinguishable from their peers after only 2 1/2 years of behavioral treatment. Of the remaining children, all made significant gains over their controls.

Despite this, years of legal appeals by governments in many provinces have wasted millions upon millions of the taxpayers dollars, funding court cases instead of funding treatment. The ensuing result of their actions have forced families — who can ill afford it — to devote more of their shrinking incomes to providing the necessary treatment for their children and fight for their constitutional rights to proper health care in court.

The subtext of the ‘Auton’ case is how government funded autism health research is corrupt and hopelessly conflicted. Academic researchers were directed to produce bogus research defending the government’s position in the autism treatment lawsuit. Although these researchers write their advocacy research behind the crest of the universities in an attempt to garner legitimacy for their biased work, they cannot avoid the fact that they are 100% funded by Ministries of Health. Their money is often laundered through the university to make it look like its arms length.    

Fortunately, well funded academic mercenaries did not succeed in scuttling this court case: Justice Allan of the British Columbia Supreme Court found Government’s health policy research on autism to be “obviously biased.” Undeterred, government funded health academics are now taking the same distorted autism treatment research to the Supreme Court of Canada on June 9th for the final, decisive legal battle. To add insult to injury, the skewed and grossly inaccurate autism health care research funded by government for the Auton case (produced by B.C. Office of Health Technology) has crossed the Canadian border. It has become a global nuisance causing very real harm to children afflicted with the debilitating disorder of autism worldwide. Simply stated, Canadian junk science is blocking autism health insurance for children around the world – an export we Canadians should not be proud of.

Bottom line: Today, there is a new generation of Canadian children who have unnecessarily lost their futures to the ravages of autism. These children, with the proper treatment, could now be living happy and productive lives had it not been for the endless and inhumane legal maneuvering by government. But instead they are totally dependent on their parents and siblings for their wellbeing. Eventually these children will end up as wards of the state costing the taxpayers millions of dollars. Canada’s autistic children deserve and must receive the unique treatment that science has proven to be effective- and they so inexcusably have been deprived of. The British Columbia superior courts have already ruled that the treatment is medically necessary and is owed to Canada’s autistic children as part of their constitutional rights to proper health care.

The stakes are high. On June 9th & 10th the Supreme Court of Canada will preside over whether government’s nearsighted bureaucrats have free hand to block desperately needed treatment for Canada’s children disabled by the devastating neurological condition of autism.

The decision of the court has much bigger implications than merely the impact on Canada’s autistic children. Our constitutional right to proper health care for our “core health need” has never been challenged in the Supreme Court of Canada. Whatever the outcome, it is sure to set a precedent and become the standard by which all future health care decisions are measured.

A front row seat to the now famous Auton Case is afforded by Dr. Sabrina Freeman’s whistleblower expose that chronicles the various techniques government uses in its attempt to discredit the science behind the uniquely effective, science-based treatment protocol for autism — Lovass-style behavioral autism treatment. The book is Science for Sale in the Autism Wars: Medically necessary treatment, the court battle for health insurance and why health technology academics are enemy number one.

For more information about autism and the fight for medically necessary treatment at the Supreme Court of Canada level, please contact Omni Publicity-Joe Ullrich 813-875-7877

For a copy of Science for Sale in the Autism Wars, go to

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