The Supreme Court (Auton, 2004) ruled there is no automatic right to specific funding. However, the Ontario Human Rights Code prohibits discrimination in service delivery based on disability. Multi-year delays for approved OAP services may constitute systemic discrimination. The OHRC has issued policy statements on the rights of people with disabilities to equitable service access.

Source: Ontario Human Rights Code, OHRC Policy Statements

While no court has yet ruled specifically on the OAP, the Ontario Human Rights Code prohibits discrimination in service delivery. Advocates and legal experts have argued that the 'failure to provide' timely services due to administrative backlogs may constitute discrimination under the Human Rights Code. Some families affected by lengthy wait times have pursued Human Rights Tribunal (HRTO) applications. Consult a lawyer for advice about your specific situation.

Source: Ontario Human Rights Code, HRTO Precedents

Schools have a legal "Duty of Care" to ensure student safety. For autistic students who elope (wander), this means schools must have safety plans, supervision, and protocols in place. Failure to prevent elopement resulting in harm can be a breach of this duty.

Source: Ontario Education Act / Legal Precedent