Appeal court gets into the holiday spirit?

Astute readers will remember the case of Neil Fahlman, the 19-year-old who was denied assistance by Community Living British Columbia - even though the corporation knew that, without such services, he "would be extremely vulnerable to his own aggressiveness and impulsivity" and could "do significant harm to himself and the community." The reason: Community Living British Columbia restricts its adult services to those with an IQ lower than 70. And Mr. Fahlman's IQ was 79. But a judicial review this past June found the corporation didn't have the legislative authority to use those test results as a screener. That would have been the end of the story - if then children and family development minister Stan Hagen hadn't announced on July 12 that the government would be appealing that decision to the British Columbia Court of Appeal. And what's happened to that appeal, you may wonder? Well, on Friday afternoon, the court dismissed the province's case. But a written reason for the dismal hasn't yet been released.

7 Comments

What kind of assholes would treat this poor kid, or anyone like him, like this? Heartless, arrogant assholes, that's who.

Of course Hagen-Dunce would insist on appealing. The Minister's jealous.

An he should be. Compared to him, the kid's a f@#*ing genius.

Kinda makes you wonder if there shouldn't be some sort of IQ screening process for Ministers? If the same standard (IQ of 70) were used, I wonder if Hagen would have been selling used cars with the likes of say, Douglas Walls, rather than being a politico?

This wasn't Hagen's decision. Hagen isn't allowed to make decisions.

Dudley Do-Wrong at work again.

I just checked the appeals court website and the case as mentioned above is not yet posted. It will be soon.

The original case is worth reading. I guess Stan can't get his head around the idea that a person doesn't wake up on a birthday and suddenly be different than the day before. They are so afraid of a drain on the money they collect from us in taxes , that they plan to spend on their big event in 2010 ,instead of on some disabled folks.

Luckily the Appeals Court ruled and no matter what Stan and his buddies have to say, unless the Court was split, the next step would have been the Supreme Court of Canada. and that court can refuse to hear any case and have no reason to say why. Get a life Stan and Gordon as well. You are here to serve the people not special interest companies.

This decision has important implications for thousands of young adults with severe challenges to their ability to survive independently due to autism, FASD etc, who are routinely denied community living services.

Sadly, however, thanks to the brilliantly innovative new model that is CLBC (i.e. the new provincial agency to which MCFD devolved authority for community living under Minister Hagen), anyone can now be denied any service at any time, regardless of need or IQ level.

CLBC is currently denying critical services and supports to thousands of adults with IQ less than 70, simply on the grounds that they have no money. Further, under the "residential options review" now underway, CLBC is trying to convince hundreds of current group home residents to move out into cheaper, unlicenced and often risky semi-independent living arrangements in order to save money. So in this context, there is very little reason to hope that this court decision is going to change anything -- although the moral victory is certainly something worth celebrating.

Those watching the Premier's continuing push to similarly devolve children's and Aboriginal services should keep a close eye on the bumbling progress of his disastrous flagship, CLBC.

'Where decisions are made' asserts that Hagen isn't allowed to make decisions. His replacement, the new Minister at mcfd, isn't either. It is Lesley du Toit who makes all the decisions, believing that she is, in fact, the Minister. Thus is Democracy, South African style and it is clear to all at mcfd that noone in the Prems Office or the Minister's Office is disabusing her of this notion. We now have a Deputy Minister who believes she is Minister but who was elected by noone and is accountable to noone.

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