Aspies For Freedom

Full Version: Let's revive the injustice from the Auton Case yet again...
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So two more bills come up in Parliment in Canada once again, one addressing the 'injustice' felt by NT parents over ABA/IBI not being covered by the health system and the other a day to recognize that we as autistics in Canada are 'suffering'.

November 30, 2005.

Dear Autism Society of Nova Scotia,

Re: Bill C-459, the Federal Election, and Autism

During the last week of Parliament, two separate Private Member’s Bills (PMB) were tabled in the House of Commons that are directly relevant to our community.   Both PMBs were tabled by Peter Stoffer, MP (Sackville - Eastern Shore in Nova Scotia). Bill C-454 was tabled on November 24, 2005, and Bill C-459 was tabled on November 28, 2005.  Both of these PMBs are accessible at the Parliamentary website (http://www.parl.gc.ca <http://www.parl.gc.ca>Wink.  These PMBs are precedent setting Bills.  The first one (below at the bottom of this message) would create a Canadian Autism Day to recognize and raise awareness on the 23rd of April each year.

However, of greater significance is the wording of Bill C-459 (also below) which would amend the Canada Health Act to ensure that ABA/IBI treatment for autism is included in Medicare and made available under the health insurance plan of every

province.  

Bill C-459 addresses the terrible injustice caused by the Supreme Court of Canada’s (SCC) overturning of the British Columbia courts rulings in the Auton case (November 19, 2004) in which the SCC determined that the equality provisions of the Charter do not extend to our children having a right to their core heathcare need under Medicare and that the “Universality” provisions of the Canada Health Act do not extend to autism treatment.  

Since the Auton decision of the SCC a national autism treatment petition (available at http://www.Canada Autism.com <http://www.Canada Autism.com>Wink has been tabled in Parliament 79 times.   The petition asks the federal government to correct this discriminatory situation by amending the Canada Health Act.  Bill C-459 attempts to do just that.

Although the two PMBs died on the Order Paper, as did every other Bill, when the government was defeated on November 28, 2005, they will most likely be reintroduced following the election when Parliament resumes sitting in 2006.  In the meantime, our autism community has a wonderful opportunity to raise awareness among political candidates of the lack of treatment for autism in Medicare and to increase the support for Bill C-459.

Please forward this message on to your members and other autism community organizations with a view to informing our community about the existence of these Bills and to ask the members to print copies of Bill C-459 and ask the political candidates in every riding across the country whether they support the Bill.  Please ask your members to keep copies of the Bill at their front door so that when political candidates come by to ask for their votes, that our community will be able on the spot to ask the candidates for a signature on the Bill to confirm that they support it if they want our vote.  By raising awareness of the issues and Bill C-459 during the election, we may make our vote count and help raise support for a lively debate, and hopefully government action, once Parliament resumes sitting.

Let’s make our community’s vote count in this election!

Thank you for your attention to this matter.

Andrew Kavchak
Ottawa

________________________________

First Session, Thirty-eighth Parliament,
53-54 Elizabeth II, 2004-2005

House of Commons OF CANADA

BILL C-459

An Act to amend the Canada Health Act (Autism Spectrum Disorder)

Summary

The purpose of this enactment is to ensure that the cost of Applied Behavioural Analysis (ABA) and Intensive Behavioural Intervention (IBI) for autistic persons is covered by the health care insurance plan of every province.

Bill C-459

An Act to amend the Canada Health Act (Autism Spectrum Disorder)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Section 2 of the Canada Health Act is renumbered as subsection 2(1) and is amended by adding the following:

Autism Spectrum Disorder

(2) For the purposes of this Act, services that are medically necessary or required under this Act include Applied Behavioural Analysis (ABA) and Intensive Behavioural Intervention (IBI) for persons suffering from Autism Spectrum Disorder.

________________________

1st Session, 38th Parliament,
53-54 Elizabeth II, 2004-2005
House of Commons of Canada

Bill C-454

An Act respecting a Canadian Autism Day

Preamble

Whereas Autism Spectrum Disorder affects persons in all aspects of their lives, including learning, physical abilities and socialization;

Whereas the rate at which children are diagnosed with Autism Spectrum Disorder is increasing alarmingly;

And Whereas the Parliament of Canada wishes to raise awareness of Autism Spectrum Disorder;

Now, Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short title

1. This Act may be cited as the Canadian Autism Day Act.

Canadian Autism Day

2. Throughout Canada, in each and every year, the 23rd day of April shall be known as “Canadian Autism Day” in recognition and support of the many Canadians affected by Autism Spectrum Disorder.

Not a legal holiday

3. For greater certainty, Canadian Autism Day is not a legal holiday or a non-juridical day.
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