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The following is being distributed at the request of the Human Rights Commission: The Human Rights Commission comments upon the decision of Adjudicator Valerie Marshall in the complaint of Gloria Sparkes against the Department of Health and Community Services. Adjudicator Marshall, in this decision, orders the Department of Health and Community Services to provide funding sufficient to eliminate the waitlist for all autistic children for Applied Behavioural Analysis. This program is the recommended treatment for autistic children and early intervention is critical. Gloria Sparkes of St. John�s filed a complaint with the Human Rights Commission in October 2000 on behalf of her grandson, Brandon Sparkes. Brandon Sparkes was diagnosed with autism and referred for the Applied Behavioural Analysis Program. Brandon was placed on a waitlist for one year even though there was evidence that early intervention is critical. The Human Rights Commission notes that this is a significant decision in that it goes beyond addressing the complaint of Gloria Sparkes on behalf of Brandon Sparkes. Adjudicator Marshall states "...this board considers reasonable accommodation to be the provision of funding sufficient to eliminate the waitlists for autistic children eligible for the program." She also noted: "As to the respondent�s suggestion that a reduction in services to autistic children may be required to comply with an order to eliminate the waitlist, the board wishes to make it perfectly clear that this order contemplates further funding to the autistic program as it is presently offered; this order does not contemplate a reduction in the present service as it is now delivered to autistic children." In addition, Adjudicator Marshall orders the respondent to pay Brandon Sparkes $3,000 in general damages. Adjudicator Marshall noted that she was not making a finding that all waitlists for medical services are discriminatory. The factors which distinguished the case of autistic children include the nature of autism, the critical necessity for early intervention, the negative impact on prognosis caused by delaying treatment and the fact that autism is not a disability conducive to the department�s ususal practices regarding waitlisting. Barry Fleming represented the Human Rights Commission at the hearing. Rolf Pritchard appeared on behalf of the Department of Health and Community Services. Copies of the decision are available at the office of the Human Rights Commission. Media contact: Gladys Vivian, Executive Director Human Rights Commission P. O. Box 8700 St. John�s, NL A1B 4J6 Phone: (709) 729-2709 Toll Free: 1-800-563-5808 2002 12 20 9:30 a.m. |
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