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Sabrina
Freeman in her personal capacity, Jordan Lefaivre, an Infant, by his Guardian ad litem, Leighton Lefaivre, and the said Leighton Lefaivre in his personal capacity, Russell Gordon Pearce, an Infant, by his Guardian ad litem, Janet Gordon Pearce, and the said Janet Gordon Pearce in her personal capacity
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from which differential treatment must be shown. In this case, the Court identified the comparator group as a person who is not suffering from a mental disability who wants funding for an emergent or experimental treatment. As the petitioners were unable to show that other seekers of experimental
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Attorney
General of British Columbia and Medical Services Commission of British Columbia v. Connor Auton, an Infant, by his Guardian ad litem, Michelle Auton,and the said Michelle Auton in her personal capacity, Michelle Tamir, an Infant, by her Guardian ad litem, Sabrina Freeman, and the said
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The Court further rejected the possibility that people with autism were adversely discriminated against by the underinclusiveness of the legislation. Non-core medical services, McLachlin stated, are by their very nature underinclusive and cannot be considered discriminatory.
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The Court unanimously decided that the refusal to fund the ABA/IBI treatment did not violate the children's section 15 equality rights.
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wherein the Court ruled that government funding for non-core medically necessary treatments is not protected under
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Not providing government funding for all medically required treatment is not a discrimination protected by
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nor any provincial health legislation. Rather, the Health Act only guarantees funding for
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treatments are guaranteed funding, the Court rejected the claim on this basis as well.
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Iacobucci and Arbour JJ. took no part in the consideration or decision of the case.
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The parents of several children with autism brought an action against the
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government for failing to fund
Applied Behavioral Analysis (
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For a claim to succeed the petitioner must establish a
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Auton (Guardian ad litem of) v
British Columbia (AG)
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Auton (Guardian ad litem of) v
British Columbia (AG)
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230:), a form of therapy for children with autism.
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241:(under section 15) were not violated.
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292:decision available at
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