Auton (Guardian ad litem of) v. British Columbia (Attorney General), [2004] 3 S.C.R. 657, 2004 SCC 78 is a leading decision of the Supreme Court of Canada wherein the Court ruled that government funding for non-core medically necessary treatments is not protected under section 15(1) of the Canadian Charter of Rights and Freedoms.
The parents of several autistic children brought an action against the British Columbia government for failing to fund...
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Auton (Guardian ad litem of) v. British Columbia (Attorney General), [2004] 3 S.C.R. 657, 2004 SCC 78 is a leading decision of the Supreme Court of Canada wherein the Court ruled that government funding for non-core medically necessary treatments is not protected under section 15(1) of the Canadian Charter of Rights and Freedoms.
The parents of several autistic children brought an action against the British Columbia government for failing to fund Applied Behavioral Therapy (ABA/IBI), a form of treatment for autistic children. For several years previous to this case the government had been funding ABA/IBI treatment for autism, however, for financial reasons and due to the ethical controversy surrounding the methods of treatment, they ceased the funding.
Both at trial and in the British Columbia Court of Appeal the Court found that the children's equality rights (under section 15) were violated.
The Court unanimously decided that the refusal to fund the ABA/IBI treatment did not violate...
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