Legal Action

For those who would like to raise their cases on a legal tangent:

Please contact Human Rights Legal Support Centre. 1-866-625-5179. Select language, press option 5 in main menu. They are taking contact information and forwarding it to the legal team that is figuring out litigation on this issue. As for right now, they recommend NOT to fill out an application at this point as they are getting so many phone calls. If you don’t hear from anyone within a week to call back the following week. They are deciding whether applications are required individually and will direct us accordingly when they know more. Please call and have your name sent to the lawyers.

You can contact Justice for Children and Youth, they provide legal services an and representation for certain families with a specified income bracket. This is their website: http://jfcy.org/en/about-us/

For those who are families who are doing IBI but your children will be transitioned or discharged prematurely because they are five and above, following the “enhanced ABA services” implementation – the Office of The Provincial Advocate for Children and Youth confirmed that any attempts to discharge children 5 and above is not just a violation of human rights but also of contract law. So please call them and they will help those who have existing contracts with the AIPs and if these AIPs are breaking their contracts, they will help you: http://provincialadvocate.on.ca/main/en/about/aboutus.cfm

A Useful card from the Charter of Rights:

Section 15 – Equality Rights
Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
★ This section of the Charter makes it clear that every individual in Canada – regardless of race, religion, national or ethnic origin, colour, sex, age or physical or mental disability – is to be considered equal. This means that governments must not discriminate on any of these grounds in its laws or programs.

The courts have held that section 15 also protects equality on the basis of other characteristics that are not specifically set out in it. For example, this section has been held to prohibit discrimination on the grounds of sexual orientation.

The Supreme Court of Canada has stated that the purpose of section 15 is to protect those groups who suffer social, political and legal disadvantage in society. Discrimination occurs where, for example, a person, because of a personal characteristic, suffers disadvantages or is denied opportunities available to other members of society.

At the same time as it protects equality, the Charter also allows for certain laws or programs that favour disadvantaged individuals or groups. For example, programs aimed at improving employment opportunities for women, Aboriginal peoples, visible minorities, or those with mental or physical disabilities are allowed under section 15(2) .

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You can also check out Baker Law for additional information and updates on a current case: http://www.bakerlaw.ca/blog/autism-programming-changes-cut-off-children-over-the-age-of-5
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Forwarded from Mar Fu, Re: Justice for Children and Youth
So I called them, and spoke to one of their lawyers, Jane. Unfortunately, there is an income test for this service because they are probono lawyers. However, she agreed with me citing the UN Convention on the Rights of a Child, UN Convention on the Rights of People with Disabilities as well as the Charter of Rights and Freedoms Section 15.1 and the protected areas of the Ontario Human Rights Code. In a utilitarian fashion, a government has the prerogative for allocating resources, however, if this allocation halts  the basic moral duty of the government to protect the rights of individuals and citizen-subjects, especially the disadvantanged and vulnerable sectors, persons whose rights are/were infringed, i.e. our children and our families have the right to sue or raise our case as human rights issue.  They can help individual families who pass their income test.  So please go ahead, call them.

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