January 24, 2002

SIX-YEAR-OLD CHILD FILES WITH ONTARIO HUMAN RIGHTS COMMISSION AGAINST THE PROVINCE OF ONTARIO

TORONTO, Ontario - In a somewhat ironical twist, the great grandson of the John Leo Whitney, Founding member of OHIP, is filing a grievance against the Ontario's Ministry of Health for its failure to provide the very funds Whitney envisioned back in 1965 when he brought universal health care to the province.

Little Luke Burrows is the six-year-old great grandson of Whitney. Luke suffers from autism, a devastating neurological affliction that affects approximately 1,500 children in Ontario. While treatment does exist for Luke in the form of Applied Behaviour Analysis (ABA), his treatment will no longer be funded by the government because Luke has aged-out of the Ministry of Community and Social Service's Intensive Behavioural Intervention (IBI) program. "Developmentally, Luke is years behind his peers", explained Norrah Whitney, Luke's Mom, "but the government is cutting him off from medically necessary treatment that is saving his life, simply because his birth certificate says it's time."

"This is a flagrant case of discrimination," commented Whitney's lawyer, Michael Loughlan who is acting for Whitney and her son. "The government simply cannot deny or withdraw services based on age or disease. Doing so is clearly in violation of our Canada's Charter of Rights," states Loughlin, who is working on the case on a pro bono basis. "Autism is a medical disorder for which there is a proven, effective, scientifically based treatment in ABA," asserts Loughlan. Luke Burrows is as entitled to treatment for his illness as is any other sick child in this province or country, regardless of age or medical affliction."

Whitney's battle with the government is not unprecedented. A British Columbia ruling in July of 2000 cited ABA as being a "medically necessary" service that must be funded by the government. The BC Supreme Court has ruled that the current failure to fund this treatment constitutes direct government 'discrimination' against children with Autism Spectrum Disorder, and is a breach of the Canadian Constitution (Canadian Charter of Rights and Freedoms (Section 15(1)). ( http://www.featbc.org/decision.htm ). "As long as these children remain outside the Medicare system they will continue to be treated as second class citizens", stated Sabrina Freeman, Executive Director of FEAT BC, a nonprofit, volunteer organization of parents and concerned professionals working for universal access to effective autism treatment for all children diagnosed with autism and other pervasive developmental disorders.

There are also a number of other lawsuits of this nature in progress in Ontario, yet the Ontario government continues to turn a blind eye to these children who need help now, and cannot wait for legal decisions which could be tied up for years in the courts. "These are seriously ill children who desperately need treatment that is way out of reach for the average family to even contemplate affording", explains Whitney who faces therapy bills for her son which are well in excess of $63,000 per year.

Whitney describes watching her little boy blowing out his birthday candles on January 11th as a "mixed blessing." "On one hand, I witnessed a true gift before me." She recounts previous birthdays with Luke completely oblivious to his surroundings, not noticing his family members around him, let alone a cake or candles. "This year, he was like any other birthday boy, beaming with excitement at the prospect of a cake, presents and a party."

"Luke really had a great year and made some astounding progress with that one year of funding he received," reminisces Whitney. "But when I watched those six candles being blown out, I watched my little boy's future also being extinguished right before my eyes. It is just too devastating for any mother to have to bear."

Making any effort possible to rekindle a future for her son and others like him, Whitney has filed a Human Rights complaint against the Ministry of Health and the Ministry of Community and Social Services and will be making the template of her claim available on the FEATBC website ( www.featbc.org ) to enable other parents of children with autism who do not have a lawyer
to, like Whitney, take action.

The six-year-old Luke Burrows will personally hand over his formal complaint against the Provincial Government at 1 P.M. on January 24, 2002 at the Dundas Edward Centre, 180 Dundas Street West, 8th Floor. Copies of the detailed filing and the BC case will be made available on that day.

For further information contact:
Norrah Whitney
Michael Loughlan
Sabrina Freeman, FEAT BC