The parents of four children with autism got good news today when the PEI Human Rights Commission ruled in their favour.

Carolyn Bateman at Human Rights hearing

The Panel ruled that the government had discriminated against the children on the basis of mental disability in using the FIM or screening tool. The Panel also ruled that the government had discriminated when using income testing on the basis of age.

“Perhaps there is a just society if you are patient,” said parent Vic Douse.

The Panel did not allow the parents request to have the Disability Support Program funding cap increased. The Panel ruled that all children on PEI face the same spending limits and hence there is no discrimination.

Five years ago when the DSP was introduced the government limited support to families of children with autism through the use of a screening tool, through income testing and through spending caps. This resulted in a material decrease in support for children and families with autism.

Four families fought their way for five years through PEI’s Human Rights Commission to have their cases heard in January of 2007. Vic Douse, Carolyn Bateman, Brad and Dale Wonnacott, and Margaret Murphy “have complained about the inequities in the awarding of support from the DSP, charging that the means test applied to the parents of disabled children can result in some getting unequal service.” (Guardian) 

The Panel ruled for the parents in noting that they were not looking for help raising their children but were entitled to support for extraordinary expenses they incurred.

Speaking on the phone from his home, Vic Douse said he is cautiously pleased with the ruled. “We won’t know about compensation until the fall and there might be a judicial review.”

‘I want fundamental human dignity for my daughter,” he said. “No more no less.”

“Perhaps there is a just society if you are patient,” added Douse.

This is good news for these families and for all families discriminated against by the DSP.

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