The B.C. Human Rights Tribunal has ruled that the Ministry of Children and Family Development and its agency Community Living British Columbia discriminated against a young person with a chronic neurodevelopmental disability.

Tribunal member Lindsay Lyster concluded in an 85-page decision dated February 16 that the person identified only as “R” was denied the services of a youth worker starting from September 2005.

R, who was born in 1992, has a condition known as Noonan Syndrome. The case was filed on his behalf by his adoptive mother, identified by the court as “J”.

In her decision, Lyster noted that there are physical characteristics associated with the syndrome. These are “lack of growth resulting in short stature; distinctive facial features, including widely spaced and down-slanted eyes, low-set and rotated ears, a highly arched palate and small jaw, among others; congenital heart defects; irregularities with respect to development at puberty; and some skeletal differences”.

She also pointed out that based on an information sheet submitted by J, persons with this condition may be “mildly mentally retarded”.

J alleged that R was denied services because he has an IQ over 70. She also claimed that support is provided to children with Noonan Syndrome if they have an IQ of 70 or lower.

The mother also claimed that services are not withheld to children with other chronic mental-health problems like autism and Asperger’s Syndrome who have an IQ over 70.

In applying the Community Living Authority Act, the law covering the provision of services for person with developmental disabilities, the CLBC used a restrictive definition of developmental disability, according to Lyster.

Lyster stated that “what has been established in this case is that the respondents adopted a discriminatorily underinclusive interpretation of the Act, and established the consequently discriminatory policy”.

Lyster ordered the ministry and Community Living B.C. to pay J on R’s behalf the monetary value of the services he was denied. The tribunal gave the parties 60 days to agree on the value of the compensation.

The ministry and Community Living were also directed to pay J on R’s behalf $35,000 for “injury to dignity, feelings and self-respect”.