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June 13, 2006
Wanted: New Measuring Stick?
Editor Sean Holman
From Public Eye Online: www.publiceyeonline.com/archives/001586.html#more
The courts have ruled Community Living British Columbia can't use IQ test results to decide who receives services for the developmentally disabled. In a judgment handed down on Monday, provincial Supreme Court Justice Eric Chamberlist found the Crown corporation - which restricts adult service access to those with IQs lower than 70 - doesn't have the statutory authority to use those results as
a screener
Speaking with Public Eye, New Democrat children and family development critic Adrian Dix called the ruling "one of the most significant in this area that we've ever seen and one that will have a profound impact on government policy" - opening doors for those have been denied access to community living services. "There are many, many, many cases of adults who clearly need those services - who need 24/7 care - who, not withstanding that, have relatively high IQs."
Mr. Dix warned Campbell administration against changing the law so that Community Living British Columbia can circumvent the ruling and continue to
use the IQ screener. "That would be wrong. They need to take this opportunity to recognize IQ tests are no longer the right method to determine who has access and who doesn't have access to services for adults with
developmental disabilities."
The judgement is the result of a petition brought forward by Fiona Gow, whose adopted teenage son was denied assistance from the corporation when he turned 19 because his IQ is 79 - this, despite a psychological report that found "although Neil (Fahlman)'s IQ scores were not in the range that defines eligibility for services from Community Living Services, his adaptive behaviour was markedly challenged...Health and safety issues are relevant here. Without the support now in place Neil would be extremely vulnerable to his own aggressiveness and impulsivity. He could do significant harm to himself and the community without support."
Supreme Court Judgement: Fahlman v. Community Living B.C. & Others
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