July 24, 2008

Mean Spirited Attack on the Developmentally Disabled

Last year Community Living BC spent $564 million serving 11,407 developmentally disabled adults . Under the Campbell government's new regulations special needs children lose entitlement to services at age 19 if their IQ is over 70. In its recent cabinet shuffle, the Campbell government made Rich Coleman, Minister of Housing and Social Development, responsible for adult community living services, as well as for lotteries, booze, welfare, and mental health.

Despite running a surplus of almost $3 billion, the Campbell government is discriminating against those most in need. On July 18, 2008 it passed an order in council to deny benefits to people who are developmentally disabled unless they have an IQ of 70 or less, overturning previous court decisions. The BC Supreme Court and the Court of Appeal both ruled against that criterion, however the Court of Appeal said:

"I emphasize that the legislature could easily have provided by regulation, under s. 29 of the Act, that only individuals with an IQ of 70 or below are eligible for adult CLBC services. It did not. Therefore, IQ level cannot be determinative of the existence of "significantly impaired intellectual functioning".

Fahlman, by his guardian ad item Fiona Gow v. Community Living British Columbia et al, 2007 BCCA 15, para 35.

By Order in Council on July 18, a ruling by the Campbell cabinet decreed that in order to receive community living services a client must now have an IQ of 70 or less. With a stroke of the pen, a Campbell cabinet order has removed eligibility for benefits for hundreds of BC's most disadvantaged citizens; no doubt that will help with future multi-billion dollar surpluses.

During its cuts to all government services, the Campbell government took the ax to community living services just as if they were no different than a few court houses; they are facing the consequences of those cuts now with increased court backlogs, although they have yet to admit to their folly in cutting the budget for community living.

When Rich Coleman was Minister of Forests, he was the subject of controversy with his decision to give Western Forest Products a tree farm license release conservatively estimated to be worth $150 million. With just days on the job, an order in council has nullified two court decisions so as to deny hundreds, perhaps thousands, of vulnerable British Columbians in his care eligibility for services. Coleman is well on his way to doing for BC's needy what he did for BC's forest communities.

In the original BC Supreme Court decision, The Honourable Mr. Justice Chamberlist wrote :

"...I am of the opinion that the general purpose of the legislation here is to "promote equitable access to community living support" and to "assist adults with developmental disabilities to achieve maximum independence and live full lives in their communities". Thus, the general purpose of the legislation is to determine eligibility for services for children and adults with developmental disabilities and to provide that service either directly or through contracting with agencies. "

With a stroke of the pen, the Campbell cabinet came down in favour of inequitable access to community living services and decided to deny eligibility if someone is a few points over an arbitrary Intelligence Quotient measure of 70. Despite the Campbell cabinet's collective IQ, they appear to have less compassion than those who don't meet their arbitrary 70 score.