Unanimous. The Supreme Court of Canada opined that ABA is "novel, controversial, experimental and not a medically necessary service." The Supreme Court of Canada also opined that a provincial government's refusal to fund a medically necessary service that was neither novel, controversial, or experimental, had not violated the Charter of Rights equality guarantees for the disabled.
The first bit amounts to a finding that research on the treatment of autistic spectrum disorders is still at the swimming-with-dolphins stage (experimental), disputed by disapointed tuna (controversial), and today's date is sometime between 1936 and 1956, an "Idiot's Guide to Operant-Conditioning" has not yet found a friendly publisher (novel), and medical necessity has not yet discovered the immediate value of quality of life, or the lifetime value of early intervention -- in short, that WIC and Headstart and all variations on those themes are terra incognito.
This last bit gets Jamie Cameron excited. He could care less about the substantive issue, he doesn't want the Court to "constitutionalize the health-care system." For Jamie the real issue is power, who gets to make policy -- the illusory war of shadows fought in the clouds. Jamie needs sick children to score a point in the air war. He teaches at York Law. He should be doing time at Fenbrook Institution where he would at least harm no children.
There are more cases moving forward in the Canadian courts, but make no mistake, Friday was not a good day for disability rights in a part of North America. Ignoring the Goober v Crown nonsense above, the real issue was cost. Utilitarianism. A theory of justice flexible enough to allow any minority claim to be subordinated to the greatest good for the greatest number. European cannibalism with a bow tie and vest coat. As Sabrina Freeman, a POA remarked Pierre Elliot Trudeau's vision of a just society died today.
For those that relish them, two cases to dine out on: Queen v. Dudley and Stephens and U.S. v. Holmes. I can't find a URL for the latter. Reader Aid Please.
The title is "where we have a black door", a Siksika term for the Supreme Court of Canada.
Posted by EBW at November 22, 2004 09:09 AM | TrackBack