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‏إظهار الرسائل ذات التسميات Natonal Autism Crisis. إظهار كافة الرسائل
‏إظهار الرسائل ذات التسميات Natonal Autism Crisis. إظهار كافة الرسائل

My Autism Speaks Canada Autism Advocacy Experience - We Still Need A REAL National Autism Strategy


I did not, as I had previously hoped, attend in Banff Alberta for the Autism Speaks National Autism Strategy discussions which were taking place during the NeuroDevNet and Autism Research Training (ART) Program first Biennial ART-NeuroDevNet Winter Institute March 2-6. Circumstances, including limited flight options out of Fredericton, did not permit me to attend in person.  I did participate, by teleconference, in the 2 hour National Autism Strategy/Advocacy program sponsored by Autism Speaks Canada.  I do not know what Autism Speaks Canada will take away from the input it received.  These are some of my thoughts, some of what I took away from the discussions.

First, I commend Suzanne Lanthier of Autism Speaks Canada for her impeccable courtesy and professionalism both in organizing the event and in moderating the discussion group.  It is easy to see why Autism Speaks  has engaged Suzanne as their primary representative in Canada.  She is very focused and informed. Autism Speaks Canada itself though  has not been a player in the drive for a National Autism Strategy which has taken place over the past 10 years. Autism Speaks Canada does not speak for the parent advocates in various provinces including here in New Brunswick who have fought for provincial services and for a National Autism Strategy. Any effort by Autism Speaks Canada to form a National Autism Strategy must be consistent with the efforts made by parents who have long fought for such a strategy. Otherwise there will be several boats rowing in different directions, not one boat with all rowing together in one direction, as the hope was expressed during the discussions.

Second, I was also impressed with Mike Lake, an Alberta MP and father of a 15 year old child with an autism disorder.  Mike Lake and I are diametrically opposed on issues of National Autism Strategy but he did take 2 hours from an undoubtedly hectic schedule to participate in the Conference.  He was impeccably polite and articulate and made his argument very well. 

Essentially though Mike Lake's argument  is the argument of Stephen Harper and the current version of the Conservative Party of Canada which says that autism falls within provincial jurisdiction and it is the provincial governments which must implement policy with respect to autism issues in health, education and social development. As a lawyer I understand the Harper/Lake argument but the historical fact is that Canada has not limited itself to the  hard confines of strict jurisdictional walls.  Cooperative federalism has existed for many years to permit federal efforts to address issues that  take on a national scope.  The National Health Care Act itself is a prime example of cooperative federalism.  The National Health Care Act would not exist at all using the Harper/Lake logic. In Canada our federal government has stood back and watched as more and more autistic children are diagnosed with autism disorders with current, reliable US, figures estimating 1 in 110.  Cooperative federalism is required in the form of national legislation to authorize the federal government to provide funding for necessary evidence based treatments and services and to ensure that the funding is used for that purpose in each province.

Across  Canada there are inconsistent and varied early intervention programs in place to help autistic children.  Apart from New Brunswick it is not clear that any other province has integrated autistic children into neighborhood schools in accommodated learning environments within the schools and with autism trained teacher aides and resource teachers when appropriate.  Our autistic children are also becoming adults and for those with severe, classic autistic disorder  who are low functioning and intellectually disabled there is a crying need for decent residential care and treatment. If our national government refuses to get involved many autistic Canadians will be denied a decent life.  They will have been abandoned in the name of frigid, hard constitutional rigidity.  

If Canada is to have a  real national autism strategy it must consist of more than surveys and internet information sites. It must be one which ensures that all Canadian autistic children and adults have access to evidence based treatment and education.  A real national autism strategy will be one which commits the federal government, through Federal legislation,  to work directly with the provinces to ensure that all autistic Canadians have access to evidence based treatment and education and to decent residential care and treatment.    A national autism strategy which does not focus on these goals will not help Canadian children and adults with autism disorders.  If a national autism strategy is not focused on achieving such goals it is a sham, a mockery of the desperate needs of many autistic Canadians and their families.

Autism Action NOW! Contact Your MP to Support Bill C-360 An Act to amend the Canada Health Act (Autism Spectrum Disorder)

Contact your MP - TODAY - and urge him or her to support Bill c-360

An Act to amend the Canada Health Act (Autism Spectrum Disorder)

Canada, like the US and the UK, is experiencing a national autism crisis. In the UK the latest figures report that 1 in 60 children have, or will have, an autism spectrum diagnosis. In the US the figure is reported at 1 in 150. Both of these figures are shockingly higher than the 1 in 1000 figure that existed prior to the change in diagnostic criteria in the 1993-4 DSM revision period. Even since those revisions which do account for a significant increase the numbers have risen dramatically. It is long past time to stop pretending that we are not experiencing an autism epidemic.

Here in Canada it is long past time that we stopped pretending that we are not experiencing a national autism crisis with families relocating from province to province in search of funded effective ABA treatment for their children and ABA based education when they reach school age. This is not a partisan political issue. Both Liberal and Conservative governments have ignored the autism crisis in Canada. NOW is the time to do something about it. Andy Scott, Peter Stoffer, Shawn Murphy and Senator Jim Munson have been valiant advocates begging their political colleagues to take autism action. Now Glenn Thibeault, Sudbury NDP MP, has moved to introduce Bill C-360, an Act to amend the Canad Health Act (Autism Spectrum Disorder).

Canada's National Autism Crisis is a matter which ""goes beyond local or provincial concern or interests and must from its inherent nature be the concern of the Dominion as a whole" as the Privy Council said in upholding the POGG, Peace Order and Good Government, constitutional authority of the federal government to act to address national issues beyond the scope of the province's ability to address. The National Autism Crisis begs for a national solution. The Government of Canada has to stop ignoring this crisis.

Ask your MP to deal with Canada's National Autism Crisis and support Bill C-360. Your MP can be contacted via the link provided at this site:

http://webinfo.parl.gc.ca/MembersOfParliament/MainMPsCompleteList.aspx?TimePeriod=Current&Language=E

.......................................................................................................................................................................

40th PARLIAMENT, 2nd SESSION
EDITED HANSARD • NUMBER 040
Friday, April 3, 2009

Canada Health Act

Mr. Glenn Thibeault (Sudbury, NDP) moved for leave to introduce Bill C-360, An Act to amend the Canada Health Act (Autism Spectrum Disorder).

He said: Mr. Speaker, I would like to thank the seconder of this bill, the hon. member for Nickel Belt.

I am pleased today to introduce this private member's bill, an act to amend the Canada Health Act, and to look at how we can include autism spectrum disorder in it.

Yesterday was World Autism Awareness Day. I still wear my awareness pin proudly. We as parliamentarians need to work together to provide individuals with ASD and their families with the right supports. IBI training is a step in the right direction, but we need a national strategy.
I look forward to the day when all parties can stand together and show our support for individuals and families dealing with autism.

(Motions deemed adopted, bill read the first time and printed)


SUMMARY

The purpose of this enactment is to ensure that the cost of Applied Behavioural Analysis (ABA) and Intensive Behavioural Intervention (IBI) for autistic persons is covered by the health care insurance plan of every province.


BILL C-360
An Act to amend the Canada Health Act
(Autism Spectrum Disorder)


Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Section 2 of the Canada Health Act is renumbered as subsection 2(1) and is amended by adding the following:

(2) For the purposes of this Act, services that are medically necessary or required under this Act include Applied Behavioural Analysis (ABA) and Intensive Behavioural Intervention (IBI) for persons suffering from Autism Spectrum Disorder.


"Peace, Order and Good Government" (POGG)

In particular, the "national dimensions" (originally called "national concerns") doctrine was an alternate means of applying the POGG powers that found use in the mid 20th century. It allowed Parliament to legislate on matters that would normally fall to the provincial government when the issue became of such importance that it concerned the entire country.

The doctrine originated from a statement by Lord Watson in the Local Prohibition case, wherein he stated:

"Their Lordships do not doubt that some matters, in their origin local and provincial, might attain such dimensions as to affect the body politic of the Dominion, and to justify the Canadian Parliament in passing laws for their regulation or abolition in the interest of the Dominion".

After this case the doctrine was completely ignored until 1946 when Viscount Simons brought it back in the case of Ontario v. Canada Temperance Foundation, [1946] A.C. 193 (P.C.). The test as stated in Temperance Foundation was whether the matter "goes beyond local or provincial concern or interests and must from its inherent nature be the concern of the Dominion as a whole".

Find your M.P. at:

http://webinfo.parl.gc.ca/MembersOfParliament/MainMPsCompleteList.aspx?TimePeriod=Current&Language=E





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