The applicants, families of adults with severe autism, sought judicial review of the Ministry's decision to discontinue special, non-statutory funding for Applied Behavioural Analysis (ABA) therapy and transition them to mainstream adult developmental services.
The Divisional Court dismissed the application, holding that the allocation of public funds is a political decision not subject to judicial review absent bad faith.
The court also dismissed the applicants' Charter claims, reaffirming that section 7 does not impose a positive obligation on the state to fund specific health or social services, and finding no breach of sections 7, 9, or 12 regarding one applicant's involuntary hospitalization under the Mental Health Act.
