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Human rights tribunal can't help Sudbury woman who had to give up her son to get him help

She was forced to make her violent mentally disturbed son a Crown Ward in 2014 to ensure he received proper treatment
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Dr. Nicole Desmarais of Sudbury lost a human rights tribunal case recently in her fight to get her son the help he needs. She was forced to give up custody of the boy in 2015 in order for him to receive treatment for a mental health disorder that results in violent outbursts. (File)

The Sudbury woman who was fighting for treatment for her severely troubled adopted son has lost a human rights appeal.

In the appeal, the woman said the province discriminated against her son because of his ethnic origins – he was adopted from Serbia – and that a child born here would have received the care they needed.

At issue is the case of Dr. Nicole Desmarais, who says she was forced to surrender her parental rights to her adopted son in order for him to get the treatment he needs. He suffers from a severe case of reactive detachment disorder, a condition where the brain fails to develop in key areas because a person has not been cared for properly as a baby and couldn't form the normal emotional bonds. 

He also has complex developmental trauma disorder, which results from prolonged abuse or neglect at a young age.

It has resulted in extremely violent behaviour towards siblings and others, although not with Desmarais. He has threatened to kill his siblings – and has attacked them at different times – as well as her partner, who received three dislocated ribs as the result of an assault. Her son has hidden broken glass in his sibling's beds, molested other children, stolen knives and other weapons, and hurt family pets.

A treatment centre in southern Ontario offers his best chance at recovery, but the province would only pay for the $1,000-a-day treatment if she made him a Crown Ward, which she reluctantly did in late 2014. 

However, Desmarais hoped a Human Rights Tribunal would rule that forcing her to give up custody of the boy so he could receive treatment violated the child's human rights, and would subsequently restore her parental rights.

In dismissing her human rights lawsuit, Maureen Doyle, vice-chair of the Human Rights Tribunal of Ontario, wrote that the issues in the case were beyond the jurisdiction of the tribunal.

The tribunal felt otherwise.

“Without minimizing the very challenging circumstances facing both (Desmarais) and (her son), or ND's determination and commitment to advocating for her son, the application is dismissed,” Doyle wrote. “I find certain allegations are untimely and the remaining allegations have no reasonable prospect of success.”

In order for the suit to have a chance to succeed, Desmarais would have to show that her adopted son didn't receive the standard of care other children in similar circumstances would receive. While not commenting on whether the care was adequate, Doyle wrote that the tribunal doesn't have the power to impose a higher level of care.

“The applicant alleges that financial support required for ... disabilities and care and treatment options chosen were not appropriate or adequate,” she wrote. “But without more, as indicated above, this is not a violation of the Code on the basis of disability. I find that the allegation of discrimination on the basis of disability has no reasonable prospect of success and it is dismissed.”

Desmarais' appeal to the tribunal is part of her latest effort both to ensure her son receives treatment and to ensure he remains her son. 

Her fight saw the issue debated on the floor of Queen's Park and take it to Ontario's Advocate for Children and Youth, which unfortunately didn't have the authority to help her.