Monthly Archives: February 2007

I’ll not be voting for this government

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Editor:
With all the hype of the upcoming provincial election, I am writing about my concerns about the education system on P.E.I.

My grandson, who is in need of a teacher’s assistant, can’t get one because of the lack of funding. I find this extremely frustrating. There are many kids out there who need extra help and they are not getting it.

On my way home from work on Friday at around 3 p.m., I stopped in at the liquor store at the new Sears location. I counted 10 employees. There were three on the floor standing around, three in the office and four on the cash registers, and only four customers in the store counting myself.

I mentioned this to someone who used to work at the liquor store in the 1990s, and he said that they didn’t have 10 employees when he was there even on Christmas Eve, the busiest day of the year.

What is wrong with this picture? Obviously this has something to do with the up-coming election.

So I can tell you now, I and my family will not be voting for this government. We will be voting for a responsible government.

Ann Marie MacDonald,
Charlottetown

NDP’er Dean Constable will stand up for Disabilities

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Last night on Compass they announced the kick-off rally for the NDP on PEI at the Basilica Rec Centre. There were notable party luminaries there like Dr. Herb Dickieson. In his kick-off speech, Dean Constable identified Islanders with disabilities as people the NDP would help. He would work to reform the Disability Support Program.

Sitting in the audience I got a feeling of deja vu as Constable was echoing the complaints of this Blog. The Government cuts back a few hundred thousand $(OK, he was a little off: it’s $1 million) and then gives millions to corporations from away. Dean caught the empathetic message for Islanders with disabilities perfectly.

It was a pleasure to talk about PEI and politics with Dr. Herb, an NDP’er who resonated with many Islanders. When I had Island Computer I supplied computers and accounting software to Dr. Dewar and Dr. Dickieson. They became two of my favourite clients, each different from the other and totally genuine. Even when I was travelling all over the Maritimes and Canada on my quest for Aquilium, I enjoyed those trips to Western PEI to see them.

How I got the energy to go out last night, I don’t know. This was a week of grief and celebration. My partner’s mother died and was buried yesterday.

I’m going to call Dr. Lamont Sweet and tell him the flu lasts more than a week. I’ve had it off and of for almost two weeks now. Very tiresome.

On Monday CBC were here to tape a segment for Graham Burke. I was all dressed up in my mourning suit and left for Souris right after their van turned out the driveway. Graham wasn’t far from my mind as I tried to find a way to relieve his suffering. We have to thank the CBC for two disability stories in one newscast, Graham’s and Carl Palmer. There has to be an award for that.

In my inbox there was a funny email from an old friend and band-mate who encouraged and humoured me saying ‘he admired the technical proficiency and quality of the knifework on the recalcitrant powers that be. Keep up the good work!’ I’m still smiling at his words.

Kevin Walsh called and cheered me on. Kevin is the dean of PEI disability support. Before the DSP, Kevin work past his own pain and fatigue to find money for wheelchairs or other assistive devices. A diabetic, blind and an amputee, Kevin Walsh is a model of serving others before yourself. Kevin said to keep up the fight, to work to change the system for the better for everyone.

That’s why I went out last night. If Gertie could suffer through it, so could I. If people you respect tell you to keep up the good work, you’d better. If there are people suffering under this government’s Scrooge policies, we should fight it.

DSP Kangaroo Court, 3

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Chapter 3 Yesterday CBC TV took up Graham Burke’s story of his fight for the scooter he needs – Kangaroo Court on TV. Mr. Burke’s right side paralysis makes walking difficult. He was prescribed a scooter by a licensed occupational therapist. The Disability Support Program refused to provide the assistive device and he appealed to their Kangaroo Court.

When a court circumvents normal rules of procedure in a rush to justice, real justice is perverted in the process. This is the third review attended but the first to end in a flurry of lies and accusations. I’m not sure it really ended, more lunch time came and the review had become a brawl – Kangaroo Court.

Section 17.5 of the DSP Policy says the purpose of the DSP Review Process is to examine the actions taken by the Department of Social Services and Seniors, and make a finding regarding adherence to the DSP policy and work processes. The Chair of the DSP Provincial Review Committee stated at the outset that they were only looking at procedure. That’s like a trial where the judge is only allowed to decide if the ticket or warrant for your arrest was filled out properly. If it was, you’re guilty – that’s Kangaroo Court justice.

Related Stories
Kangaroo Court, 2
Burke DSP Review Kangaroo Court
Daniel into lions den
PEI approves scooters
250 scooters needs

We did review the evidence. Despite having the DSP supervisor impugn the actions of occupational therapists, we covered the facts. The DSP supervisor was doing a tell at this point, like Pinocchio’s nose when he told a lie. His nose would grow longer and longer until he embarrassed himself. In her case a nervous rash spread up her neck and across her face. Why? She was going to tell a big lie, the big lie. Here’s what she said (all block quotes are hers)

OT’s are excellent. The DSP can’t meet everyone’s needs. When the client has a preference for a scooter OT will recommend a scooter even if it is wrong.

I asked ‘Are you questioning the skill and competence of all occupational therapists or just these two.’

‘We are trying to learn how occupational therapists work and beginning to understand them.’

Both statements are lies or prevarications. The DSP has been working with occupational therapists since it started in 2001. They are the only ones that can, by regulation, prescribe most of the assistive devices funded by this program.

‘We had two occupational therapist assessments for Mr. Burke. We thought he was positive about the one for a wheelchair. We had two different OT assessments and we went with the second, the power wheelchair.’

This is another lie since the DSP only had the one OT assessment on December 7th, 2006 when Graham was rejected. The second assessment, a backup plan to this Kangaroo Court, is dated two months later February 6, 2007.

Just like Peter denied Jesus three times, Chester Gillan denied the $1 million cutback 3 times in the Legislature and the DSP denied the truth three times.

I asked ‘Did you have two assessments on December 7th 2006 when you rejected Mr. Burke’s request?’

‘We try to do the best that we can; we can’t be all things to all people; we went with the best assessment we had.’

That answer was two cliched platitudes mixed with a lie. It was past lunch, we were tired and I lost it. ‘I am sorry but that is not true. At the time you refused Graham in early December you had only one assessment. You are trying to deceive us into believing the December and February events commingle. Frankly you are lying and it makes me sick.’

How does it feel when a government employee in a supervisory capacity sits in a appeal board – albeit and Kangaroo Court – and lies repeatedly? It’s pretty frustrating.

Stay tuned tomorrow for the next chapter of Kangaroo Court on PEI.

DSP Kangaroo Court, 2

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Chapter 2
The Disability Support Program’s review of Graham Burke’s application for a mobility assistive device hit a brick wall in the kangaroo court on Friday. The Provincial Review Commission was comprised of nothing but managers and supervisors of the DSP. Despite Mr. Graham’s obviously need, he had little hope of equitable treatment from the review. (Note: Graham has allowed us to write about his story to publicize problems with the DSP.)

Graham Burke is a 57 year-old diabetic and stroke victim left with paralysis on his right side. Under the DSP, he has a mobility disability of a long-term nature and qualifies for a mobility assistive device. This could be a scooter or an electric wheelchair. Scooters are used by 90,000 Canadians with a mobility disability and electric wheelchairs by 47,000 mobility impaired Canadians (Table 1.1)

From August 2006 onward, Graham met with his Occupational Therapist, an employee at the Queen Elizabeth Hospital Seating Clinic. Occupational therapists are listed in the DSP regulations as qualified to prescribe wheelchairs and other assistive devices. They settled on a scooter with a tiller front handle to accommodate Graham’s paralyzed arm. We presented the 4 memos, which DSP already had.

At this point the DSP supervisor interrupted Graham and asked

‘Wouldn’t the OT just give you what you ask for? Aren’t they influenced by the client request?’

‘We take exception to the comment about OT’s.’ I replied. ‘OT’s are a recognized profession with education, experience requirements, certification and a code of ethics. They are board certified on PEI and in this case employees of the Health Department. They are listed as qualified professionals under the DSP regulations. Like any medical professional they listen to the patient but their diagnosis, prognosis and prescription is determined by their professional knowledge. The comment by the DSP supervisor is blatantly self-serving, a cheap attempt to discredit 4 months of work by the OT with Mr. Burke. I am sure the Provincial body that regulates OT’s would be interested in the poor opinion the DSP has of their members.’

The DSP was writing internal memos, some of which they handed us on the way in the door. Their memo’s seem to parallel the OT’s memo’s discussing the scooter, which scooter etc.

Then on November 29, the whole thing turned around. The mobility device became a transportation device according the the DSP, “public transit” and Graham was declined. We did not know about this and 26 other pages of information until the hearing. Where are the rules of evidence, meant to protect people? Thrown out the window in a Kangaroo Court.

Desperate for some help with his walking, Graham went back to the OT’s and they gave him a 2nd opinion in February for an electric wheelchair. That’s not a bad second choice which costs about the same as a scooter. However, Graham has neuritis in his feet and has little feeling there. An electric wheelchair would put Graham’s feet ahead of the chair frame where they could be injured. A simple bruise can develop into gangrene for Graham.

We also demonstrated that motorized scooters are a generally accepted assistive device for mobility disabilities. In Ontario they are listed specifically. In the report at Table 1.1 they are listed. The Province signed off on the report and carries it on the DSP website.

Tomorrow, the government’s case.

Almost a year of taking money from people in wheelchairs

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How long before the Province of PEI stops abusing Islanders with disabilities? Today marks the 331st day since the government cut spending to Islanders with disabilities by $1 million dollars.

We exposed this fraud 87 days ago despite attempts at the highest levels of government to perpetuate a cover up. Last week we watched as minor officials at the DSP lied their way through an innocuous review hearing.

In January Bob Creed a high level manager in the DSP perjured himself on the stand at the Human Rights Commission hearings with impunity. These civil servants are meat in the sandwich of the government machine, forced to lie for their political masters. For what reason?

Burke DSP Review, Kangaroo Court in session

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On Friday Graham Burke went before the Disability Support Program Provincial Review Committee to argue his case for a scooter. It was a real Kangaroo Court. Graham’s hope of receiving the help he needs and deserves is pretty dim.

A friend offered the term “Kangaroo Court” in an email. I looked it up in a Wikipedia

‘A kangaroo court or kangaroo trial, also known as drumhead court-martial or Drumhead trial, is a sham legal proceeding or court. Kangaroo courts are judicial proceedings that deny proper procedure in the name of expediency. The outcome of such a trial is essentially made in advance, usually for the purpose of providing a conviction, either by going through the motions of manipulated procedure or by allowing no defense at all.’

That fits this Review to a T. Here is the situation: the chair of the meeting was Mark Belfry, the Provincial Coordinator of disability and social programs. That would make him the boss of everyone in the room other than Graham and I. Mark is a wonderfully cultivated person of even temper; however, he is not independent. To his left and right sat two DSP workers from up west. Representing the local office was the supervisor and Graham’s case worker. No, she has been reassigned to make it hard to get testimony from her. We have a new employee who is as nice as pie but can’t offer one word of evidence.

Stacked deck? You got it.

On the way in they give us photocopies of 28 documents, 26 pages of which are new material. We are supposed to read it all, digest their importance and comment intelligently. In court or hearing like Human Rights, you are expected to provide discovery documents long in advance and last minute submissions of your own documents usually prejudices your side. Not here: it’s Kangaroo Court. The fix is in anyways so why bother with procedure.

When we asked for other documents, no way. Go through the Information Commissioner. Kangaroo Court.

At first we were given time to present material: as it went along, you could tell we were taking up their time. It was pretty rushed by noon. No breaks were offered, just slog through. In court they usually break every 1 ½ or so. Did they not hear about bio breaks, AKA the washroom. What’s the rush? Kangaroo Court.

Tomorrow we’ll cover the facts, just the facts m’am. The next day all 15 minutes of the DSP case. Then the wrap up and where we go from here. Gonna get me one of those Aussie hats and a bull-whip. Gotta learn how to deal with Kangaroo Court.

Island MP’s autism strategy defeated

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Friday, February 23, 2007

Shawn Murphy says private members bill raised attention about need for action

Charlottetown MP Shawn Murphy’s private member’s bill which would have required the government to produce a national strategy to improve autism treatment across the country has been defeated.

Bill-304 was defeated by a vote of 155-113.

In expressing his disappointment, Murphy said the inequalities in the availability of autism treatment affect families in every Canadian community and it’s time the issue received the attention it deserves from the federal government.

Nevertheless, Murphy said C-304 has played an important role in raising awareness about the urgent need for federal governmental action to address the availability of autism treatments.

“Across the country, the coverage of autism treatments under Medicare differs greatly from province to province,” he said. “Autistic children and their families in every province and territory deserve the same access to treatment through the health-care system that is available to rich provinces like Alberta. We will continue to lobby the government to develop a national autism strategy to ensure that happens.’

Research released this month by the U.S. Centre for Disease Control shows that as many as one in every 150 children is affected by Autism Spectrum Disorder. The Island MP said despite this, many provinces provide little or no funding for expensive treatments like Applied Behavioral Analysis and Intensive Behavioral Intervention.

Million dollar cut should be returned to disabled Islanders

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Journal Pioneer, Summerside, PE
February 21, 2007

Dear Editor:

The present speed with which our Provincial Treasurer, Mitch Murphy, is announcing the growth in budget surpluses is astounding. It would appear that the Minister must have thrown away his old slide rule and bought a new calculator. It all though has the odor of pre-election.

I remember the same Minister did not know how to figure out the proper use of his government credit card, couldn’t remember his ownership in a construction company, and isn’t able to understand a court order demanding payment on a home repair job gone terribly wrong. But then this Minister’s budgets have never been within a country mile of the actual cost to Islanders.

Who can forget the rosy picture he painted going into the 2003 election, only to discover that his forecast was so off the mark, that in reality he was spending this province into the largest single deficit in our history.

If the new surplus is indeed factual, we can only hope that he will make sure that the million dollar cut to disabled islanders, dished out in last years budget, will be returned to these people in the upcoming March 2007 Budget.

I remain
Sincerely,
Michael Le Clair
Charlottetown, PEI

It Ain’t Me Babe

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Wow – the new arrangement went over great at Baba’s. I could see people were held by the tension. I should think about recording it this weekend – that sounds vague doesn’t it. It would be better if I had my drum kit back together and could cobble together a bass. Drums will have to wait – the music room is too crazy but maybe I can find a bassist.

Disability Support Blues went over well. That is a triplets groove song – too fast or too slow and it bombs.

The next two “Is Your Love in Vain” and “Your Song” suffered from the proximity effect – two finger style ballads with string accompaniment lulling people to sleep. Robert Arsenault used to insist in the band Expecting Rain – one ballad per set of 8 songs. He knows.

Expecting Rain 2004: Todd King, Jeff Smith, S Pate, Robert Arsenault, Heidi Juri, Matt Chandler

Guardian Letter: National policy on Autism

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We try to cover all local and national stories on disability. If we miss one email it to us. Thanks.


MICHELLE PINEAU
North Rustico, vice-president, Autism Society of P.E.I.

Editor:

Charlottetown MP Shawn Murphy is demonstrating extraordinary leadership in the House of Commons. He has tabled Bill C-304.

If successful, the ensuing National Strategy for the Treatment of Autism Act will be of critical importance to Canadian families with members who are affected by Autism Spectrum Disorders. The Centre for Disease Control in the U.S. has recently reported that the prevalence rates of Autism Spectrum Disorders have increased to one in 150. By any standard, this is a national public health crisis. Yet, not a single province or territory offers the core healthcare treatment for autism under medicare and there is no national autism strategy to confront this growing epidemic.

For instance, Prince Edward Island income-tests families and puts them through a battery of belittling questions under a social — rather than health — program to determine what their client contribution will be. The federal government has recently made announcements of a national cancer strategy, national heart health strategy, national spinal cord rehabilitation strategy, among other recent announcements. While the federal government did announce some autism consultation initiatives in November 2006 and passed a motion for a National Autism Strategy in December 2006, these are non-binding and largely symbolic window dressings.

Simply put, words are not enough. Canadian families need concrete action. If you feel inclined, you may want to consider contacting federal MPs to request their support for Bill C-304 so it may proceed to the next stage in the approval process and to the Commons committee for review. The Commons vote will be held today.