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Wednesday, December 14, 2005 Page A16
Special to The Globe and Mail
OTTAWA -- The Ontario government can't be trusted to provide adequate community facilities for more than 1,000 severely
developmentally disabled residents now in provincial facilities, the lawyer for a group of families says.
Doug Elliott, the Toronto lawyer representing families at the Huronia Regional Centre at Orillia, told a judicial review
yesterday that the province's pledge to invest heavily in new community facilities for residents who are now in three
provincial facilities is unreliable.
"We say a political promise is no more than that," Mr. Elliott said during the second day of Divisional Court hearings in
Ottawa conducted by three Superior Court judges, who reserved a decision on the issue, possibly until early 2006.
The judges, at the conclusion of the hearing, extended a stay barring the provincial Ministry of Community and Social
Services from removing residents from any of the three centres, pending the court's decision on whether the province has
the right to do so without the residents' informed consent or that of their guardians.
In September, Mr. Justice Robert Smith set aside an injunction requested by the families against moving their relatives, but
imposed a 90-day stay on removal of residents from two of the facilities pending the outcome of this week's judicial review.
Families of residents at Huronia Centre and Rideau Regional Centre at Smiths Falls have launched class-action suits
against the province to prevent closing of the centres.
The judicial review focused on the residents' rights under the Charter of Rights and Freedoms to security of their person
and freedom from discrimination based on disabilities. The families also contend their relatives' legal rights would be
breached if they are moved without their consent or that of their families.
Darrell Kloeze, a lawyer for the Ontario Attorney-General, told the hearing that the Developmental Services Act is silent
about whether such facilities are established or can be closed by the province. These matters are left to the discretion of
the minister of community and social services, he argued.
The province has promised to spend $192-million over four years on community facilities to accommodate residents from
the regional centres, Mr. Elliott said. "Today, the government of Ontario said 'trust us,' . . . and our position is that their
promises are legally meaningless."
While the Ministry of Community and Social Services has promised to spend 192 million on new community facilities, such
as group homes, over the next four years, Toronto lawyer Doug Elliott told the court a political promise is no more than that.
Simcoe North MPP Garfield Dunlop said the movement to keep the facilities open is gathering momentum: The battle is a
long way from being over, he said.
The two days of arguments before three judges focused on whether Community and Social Services Minister Sandra
Pupatello has the discretionary authority to move residents out of the HRC or the Rideau Regional Centre at Smiths Falls.
The outcome of the judicial review will also impact residents at the Southwestern Regional Centre near Chatham.
Families of residents at the Orillia and Smiths Falls facilities have launched class-action suits in an effort to stop the
province from closing the centres, currently planned to be shut down by 2009.
Lawyers for the families argue moving residents is a breach of their rights under the Charter of Rights and Freedoms. They
also contend that, under the Developmental Services Act, the residents cannot be relocated without their informed
consent or that of their families or guardians.
In an interview after the hearing, Elliott said, Today, the government of Ontario said, Trust us. We promise that were going
to look after these people.
Our position is that their promises are legally meaningless. Its very great for them to put the money in, but the money isnt
there yet and they could change their mind tomorrow.
Dunlop, meanwhile, said the fact the Ministry of Community and Social Services decision to close the three regional
centres was not approved by cabinet was a startling revelation.
I cant imagine it flowing smoothly for the government now, he said, adding a court decision stopping the closure of HRC
would be a victory for residents, their families and the community.
It allows the residents to stay where they have excellent care, and it saves 700 jobs.
With files from Colin McKim
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