TORONTO — Ontario Superior Court Justice John Ferrier ordered the Ontario government to continue paying for treatment for two children diagnosed with Autism Spectrum Disorder. He said the delay in treatment between now and an expected court decision next fall “could result in irreversible losses” for the two boys.

Judge Ferrier ordered the payment of treatment for the two boys despite a Supreme Court landmark decision issued last fall and known as Auton. In that decision, the Court refused to order the British Columbia government to provide treatment for a child with autism, saying the province has the right to determine which health care programs it will provide.

However, in his judgement, Justice Ferrier said despite the Supreme Court’s argument regarding the provision of health services and “notwithstanding Auton, serious issues remain which should be determined at a trial, whether the benefit claimed is medical in nature or a question of access to education,” as the lawyers for the two boys had argued.

His order also remains in effect until at least the fall, when it is expected that a ruling will be made in a major treatment for autism case known as Wynberg, which involves the question ot whether it is constitutional for the province to eliminate funding for treatment for children with autism once they turn six years of age.
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Unlike the Supreme Court, Justice Ferrier praised the treatment for autism, saying if the “ABA treatment is reduced or withdrawn, they will experience significant harm.”

The Bettencourt case, like the several other cases currently before the courts, was caused when funding for treatment for autism, called Intensive Behavioural Intervention or Applied Behavioural Analysis, was stopped because the twin boys had reached the age of six years.

When the treatment for the boys was cut off, the Bettencourts tried to continue the costly treatment by paying for it themselves, including mortgaging their home, but have since run into financial hardship. As well, there was an unsuccessful attempt to integrate the twins into the public school system, but both boys were unable to continue attending the school either wholly or partially because the school system was unprepared to deal with their special requirements and treatment needs.

The judge noted that both boys had made significant gains under the treatment, and stressed that the public school had neither the resources nor the training to allow the boys to learn in the school, but with treatment the boys are able to learn.