Ontario appeals autism ruling.

TORONTO -- The Ontario government will appeal the ruling of Justice Frances Kiteley that found discrimination based on age and disability when children were denied autism treatment in the education system beyond age of 6. Mary Eberts, a lawyer for a number of families in the Ontario case, said the parents intend to oppose the governments appeal vigorously.

The Superior Court, responding to a suit by 29 parents, found the government policy was discriminatory and a violation of the Charter of Rights and Freedoms. Justice Kitely awarded the damages to the parents and costs to the province will run into millions of dollars for past and future treatment. She also refused the province's request for a transition period in which to expand its services. The province has had enough time to deal with the problem.

The Ontario government is basing its appeal of a recent Supreme Court of Canada ruling in a similar case in British Columbia. The Court held that the provincial government was within its powers to determine how funds for health or education would be spent and the right powers set its own priorities.

Attorney General Michael Bryant said "Governments need the flexibility to provide programs for autistic children that they feel are in the best interest, in the public interest, for autistic children and that specific treatment programs are best determined by governments and not by the courts."

The treatments sought by the parents in the Ontario and the B.C. cases are intensive, individualized treatment that cost between $30,000 and $60,000 per year.

Children and Youth Services Minister. Marie Bountrogianni responded to the decision by claiming that the government has expanded its autism treatments for preschool-age children by more than 25 per cent in the past year. The number of children waiting assessment had dropped from 1,000 to 287 in that period; that 130 new autism specialists have been hired to help teachers and support students with autism spectrum disorder.

Justice Kiteley praised the province for creating the autism program in the first place. But government failed to recognize that monitoring the school boards properly.