In 2025, Spencer Carroll filed a Human Rights Tribunal of Ontario application against the Ontario government, arguing the 5-year autism waitlist constitutes disability discrimination. Here's what the case argues and why it matters for every waiting family.
In 2025, Spencer Carroll filed a Human Rights Tribunal of Ontario application against the Ontario government, arguing the 5-year autism waitlist constitutes disability discrimination. Here's what the case argues and why it matters for every waiting family.
In 2025, I filed a Human Rights Tribunal of Ontario (HRTO) application (File No. 2025-62264-I) against the Government of Ontario. This is the story of that case, what it argues, and why it matters for every family waiting for autism services.
Note: The case is ongoing. This post describes the legal arguments and context. Nothing here should be taken as legal advice.
My son has autism. Like 87,692 other Ontario children, he has been waiting years for OAP core services. During that wait, I began researching the legal framework around the government's obligations.
What I found was stark:
The government is not just failing to help. It is actively maintaining a system that delivers services too late to be most effective, to children it knows will be harmed by the delay, on the basis of their disability.
That is discrimination.
The HRTO application argues that the OAP waitlist system — regardless of intent — creates an adverse discriminatory effect on autistic children compared to children without disabilities who can access developmental services in a timely manner.
Autistic children need specific, evidence-based services to develop. The government's decision to provide those services through a 5+ year waitlist means autistic children receive critical support years after the optimal intervention window has passed, while similarly-situated non-disabled children do not face comparable waits for developmental support.
The Ontario Human Rights Code requires the government to accommodate disability to the point of undue hardship. The application argues that:
The Human Rights Code protects equal dignity and equal treatment. A 5-year wait for services that are most effective in the early years is not equal treatment — it is a system designed to fail.
The Human Rights Tribunal of Ontario is an independent adjudicative body. Applications are free to file, legal representation is not required (though recommended), and rulings can have broad systemic impact.
Previous HRTO decisions have forced Ontario to change policies in education, housing, and employment discrimination. An autism waitlist ruling could:
In HRTO proceedings, the respondent (Ontario) typically argues:
These arguments have been rejected by Canadian courts in other disability contexts. The question is not whether the government intended discrimination — it's whether the effect is discriminatory.
A successful HRTO application in Carroll v. Ontario could establish:
More immediately, the case puts on public record the evidence of harm — documented in FOI data, government reports, and WHO guidelines — that the government has tried to minimize.
Updates on Carroll v. Ontario are published on this site as they become available. The HRTO maintains a public docket but individual file access is restricted.
To be notified of case updates:
You have the right to file your own HRTO application. The process is accessible to self-represented individuals. ARCH Disability Law Centre provides free legal advice to assist.
Relevant information:
This post reflects my personal experience and the public legal arguments made in the HRTO application. It is not legal advice. For legal guidance on your specific situation, contact a qualified lawyer or ARCH Disability Law Centre.
Sources: Human Rights Tribunal of Ontario, Ontario Human Rights Code, Supreme Court of Canada disability jurisprudence, Ontario Autism Program data.
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