Autistic Spectrum Disorders

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-10-23
CLNP Page ID:	2429
Page Categories:	[Human Rights], [Human Rights (LTB)]
Citation:	Autistic Spectrum Disorders, CLNP 2429, <>, retrieved on 2024-10-23
Editor:	Sharvey
Last Updated:	2024/10/22

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Auton (Guardian of) v. British Columbia (Attorney General), 2002 BCCA 538 (CanLII)

[10] Autism or ADS is a neurobehavioural syndrome caused by a dysfunction in the central nervous system. It leads to disordered development and includes three general categories of behavioural impairment: qualitative impairments in social interaction; qualitative impairments in communication; and restricted repetitive and stereotyped patterns of behaviour, interest and activities. Autism, in the words of Madam Justice Allan "may be viewed as the prototypical form of a spectrum or continuum of autistic disorders that vary in severity but share those core symptoms of behavioural impairment."

[11] She described the features of autism thus:

[10] While the etiology (or medical cause) of autism or ASD is unknown, there is substantial agreement about certain features of the affliction. Autistic disorders are complex neurological conditions affecting between 10 and 15 of every 10,000 children. They are significantly more prevalent among boys than girls. Among children with untreated autism or autism spectrum disorders, about half of all pre-school age children (ages 2 to 6) are non-verbal. Most have limited attachment to caregivers, display little interest in pleasing them, evade eye contact and resist displays of physical affection. In a group of peers, a child with autism is likely to avoid contact and remain isolated from the group. Instead of playing imaginatively with toys, autistic children often engage in repetitive behaviour such as arranging objects into neat rows or flapping their hands in front of their eyes. When these behaviours are interrupted, or when they do not get their way, many autistic children have intense tantrums that may include aggression toward others or self-injurious behaviour such as banging their heads against hard objects.

[11] Without effective treatment, autism is a lifelong affliction that results in the placement of over 90% of untreated children in group homes or other residential facilities. Only one of 64 children will show any improvement without treatment.

(Emphasis mine.)

[12] Without successful treatment the condition almost always results in a life of "physical, emotional, social and intellectual isolation and eventual institutionalization".

[13] Symptoms of autism or ASD are thought to set in within the first three years of life. The four infant petitioners in this case, in the order they are named in this action now aged 9, 14, 8 and 8, began showing loss of development between infancy and age 2 years, and all were diagnosed with autism or ASD. Prior to treatment none of them were able to communicate, and all needed constant supervision. Madam Justice Allan found that their behaviour ranged from odd to self-injurious:

... hand flapping, obsessing with a particular object or pattern, vocalizing or singing incessantly, screaming, biting, pinching or hitting themselves and people around them, head banging, eating inedible objects (such as sand, gravel, coins, Gyproc), plucking out their eyebrows, or smearing their faeces. All of the children suffered from severe sleep disruptions, adding to the stress and exhaustion experienced by their families