Special Report

They Didn't Choose Their Disabilities. Why Should They Pay When Government Changes Its Mind?

How courts interpret obligations under existing government funding agreements, why provinces sometimes win those disputes, and what the consequences mean for disability supports.

read at no additional charge with an eligible paid Binder, Binder University or Intelligence Premium membership.

People with developmental disabilities didn't choose the circumstances that make support necessary, and the financial arrangements through which that support is provided are seldom theirs to negotiate. Alberta's Persons with Developmental Disabilities program relies on agreements with community organizations to fund services that can shape where someone lives, who assists them and how fully they can participate in everyday life. Questions about the meaning of those agreements deserve careful legal scrutiny because the consequences of a disagreement may extend beyond the two parties who signed the contract.

This concern has a historical context. In 1966, Burton Blatt and Fred Kaplan published Christmas in Purgatory, documenting the neglect and indignity experienced by people with intellectual and developmental disabilities in American institutions. Alberta has its own history of institutionalization and eugenics, including the Provincial Training School in Red Deer and the Sexual Sterilization Act that remained in effect until 1972. After decades of advocacy, community living came to represent a commitment to greater independence, individual choice and ordinary relationships. Funding agreements now help sustain those opportunities, although the individuals receiving services generally have no role in negotiating their terms.

Full analysis is available through Binder Intelligence.

Across Binder Intelligence

One issue, different perspectives.

The same development can matter to managers, insurers, boards and institutions. Explore the related material each publication has independently verified.

Binder Human Resources →Binder Law →Binder Insurance →Binder Controlled →

Binder · The business behind your business

Reading about it is one thing. Managing your own governance matter is another.

Board decisions depend on minutes, agreements, policies, correspondence and follow-up. Preserve the reasons and the responsibilities in one Matter. Binder organizes what you know and helps you recognize what still needs attention.

Develop the Governance skill

Governance Documents and Legal Foundations

Explore this Binder University course

Follow related Canadian governance issues and compare Intelligence membership options through Binder Intelligence.

This publication provides general information, not legal advice. Requirements can differ by organization and province.

Comments & questions

Join the discussion about this Canadian development. Comments are reviewed before publication; posting is for eligible Binder members.

Sign in with an eligible paid Binder membership to comment or ask a question.

Sign in to comment