ORILLIA PACKET AND TIMES Residents, families win reprieve Superior Court reserves decision on forced relocations By Ian Sutton Local News - Wednesday, December 14, 2005 @ 08:00 OTTAWA Residents at the Huronia Regional Centre and their families, along with those at two other provincial facilities for developmentally disabled residents, have been given a further reprieve against their relocation into community facilities. A three-judge panel yesterday reserved a decision on the issue of whether the provincial government has the right to remove residents from the Orillia facility without the informed consent of themselves or their guardians. At the same time, the three Superior Court judges extended a stay barring the province from moving additional residents from the three facilities until 30 days after they have rendered their decision on the case. That decision could come any time, though it is not likely until early 2006. The lawyer representing families of HRC residents dozens of them in attendance for the two days of hearings told the judges the provincial government cannot be trusted to ensure appropriate facilities will be made available in the community to accommodate the needs of residents who could be moved out of the centres. 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