Legal Opinion Fund
Fundraising to hold BC accountable for how disability funding is designed and delivered.
Where we are today
Initial goal for the legal opinion has been ACHIEVED 🎉
The full $8,000 retainer has been sent to counsel. As of July 8, 2026, the initial retainer is with Arvay Finlay LLP and the legal review can now begin. From here, funds will be transferred to counsel as they are requested.
We're continuing to fundraise for:
- The GST on the legal opinion (~$750)
- Freedom of Information requests to obtain evidence from the BC government and other public bodies
- GoFundMe platform fees and bank fees
- Continued advocacy and legal action as the work develops
Prefer not to use GoFundMe? You can send an Interac e-Transfer directly to info@fairfundingbc.ca. It goes to the same dedicated trust account, and every contribution is recorded the same way. Please include your name (or "anonymous") in the e-transfer message so we can keep our records accurate.
What this campaign supports
Fair Autism & Disability Funding BC has engaged Arvay Finlay LLP, the firm that prepared the foundational 2022 legal opinion on BC's proposed disability funding changes, to formally review the province's new Children and Youth Disability Benefit (CYDB) framework, help us understand where families stand, and scope any legal options that may be available.
The legal opinion will look at:
- Whether the new eligibility framework may be vulnerable to challenge under the Canadian Charter of Rights and Freedoms, the BC Human Rights Code, or administrative law
- How the new framework affects Autistic children and children with other disabilities across the disability community
- What a realistic legal and advocacy strategy could look like
This first step is not a lawsuit. It is the substantive legal advice that families need before making major service, therapy, employment, and care decisions in the lead-up to March 31, 2027, when Autism Funding ends.
The goal is to understand where we stand and what options, if any, are realistically available. We can't promise the opinion will change government policy. What we can promise is that our next steps will be grounded in clear legal advice rather than guesswork, whatever the findings turn out to be.
Where your money goes
- $8,000: initial legal retainer to Arvay Finlay LLP
- Up to $15,000: complete case scoping (counsel's estimate)
- ~$750: GST on legal fees (5% federal, applied to legal work in BC)
- ~$500: GoFundMe platform fees and bank fees
- Freedom of Information requests: fees to obtain evidence from the BC government and other public bodies
- Beyond the above: held for continued advocacy and legal action
How the money is held
To add extra protections and legitimacy, we are in the process of forming a registered non-profit, Fair Autism & Disability Funding BC Society, under the BC Societies Act.
Until the Society is incorporated, donations are held by one of our lead organizers in a dedicated trust account for the Society, governed by a written declaration of trust. Once the Society is established, all funds will be transferred to it. Records are available to donors on request.
Frequently Asked Questions
Did you vet Arvay Finlay before engaging them?
Yes. Arvay Finlay LLP is a Vancouver and Victoria-based BC litigation firm known for public law, constitutional, and complex litigation work. The firm prepared the foundational 2022 legal opinion on BC's proposed disability funding changes for the autism community. It's the same opinion that shaped much of the advocacy leading up to today. We engaged them because they already have institutional knowledge of the legal landscape, have worked on BC disability and Autism funding law for many years, and are well-positioned to assess this case efficiently and substantively.
Why can't you just use the 2022 legal opinion?
The 2022 opinion analyzed a different model. At that time, the province was proposing to replace Autism Funding with Family Connection Centres (FCCs), a hub-based model that would have delivered services through regional centres. That model was later shelved.
What the province has now implemented is a fundamentally different framework: the Children and Youth Disability Benefit and Disability Supplement, with a Direct Admit Pathway, an eight-domain eligibility framework, a Needs-Based Review process, and federal Disability Tax Credit gating on the Supplement. None of this existed in 2022.
The legal analysis has to be done against what the government has actually built, not against a proposal that was withdrawn. That is why the current opinion is needed.
What does the legal opinion cost include?
The legal opinion and case scoping with Arvay Finlay is estimated at $15,000, plus 5% GST (~$750) that applies to legal fees in BC. Total: approximately $15,750.
This covers reviewing the new framework against the Charter, Human Rights Code, and administrative law, assessing the strongest legal grounds available (if any), examining how the criteria affect children across the disability community, and advising on realistic next steps.
The costs include counsel's time, associated disbursements, and a portion of the Freedom of Information work that supports the evidence base for the opinion.
Note on GST: When we launched the campaign, we quoted $15,000 based on counsel's initial estimate. We later realized that estimate did not include GST. We've corrected the number here for full transparency.
What's the timeline?
Over the next couple of weeks, counsel will review the evidence gathered so far alongside the relevant law, to identify the strongest legal arguments and the expert evidence needed to support them. Whether there is a viable case will depend heavily on that expert evidence.
From there, the aim is to connect with experts in August and finalize the legal opinion in September.
What are the next steps after the legal opinion?
Once counsel delivers the opinion, the organizing group will review it and decide on a path. Options typically include:
- Advocacy amplification: using the opinion to strengthen political and public pressure, meet with MLAs, and build coalition
- Litigation now: filing a Charter challenge, human rights complaint, or judicial review with identified plaintiffs
- Litigation later: waiting for first denial decisions in fall/winter 2026 and filing with individual affected families as plaintiffs
- A combination: advocacy in the short term, litigation preparation running in parallel
The decision will be made based on counsel's recommendation, the evidence available, and the group's capacity. We will be transparent about the direction chosen and the reasoning behind it.
Is this a lawsuit? Are you promising a court case?
No. The campaign supports legal advice and advocacy. No specific litigation outcome is promised. Decisions about whether and how to pursue legal action will be made on counsel's advice and in consultation with affected families.
Is this only about Autism?
No. This is a group started by families of Autistic children, because Autism Funding is the program ending first (March 31, 2027) and Autism families received the first eligibility letters in June 2026. But the new eligibility framework may also affect children and youth living with other disabilities whose support needs do not fit neatly within the Ministry's criteria. We have asked counsel to look at the full picture across the disability community.
Are donations tax-deductible?
No. Fair Autism & Disability Funding BC is not a registered charity, so donations are not tax-deductible. We have made this decision deliberately at this stage. Pursuing legal advice quickly matters more than the time required to obtain charitable status. All contributions support the legal and advocacy work described above.
What happens if you raise more than the current fundraising target?
Any funds raised beyond the legal opinion, GST, FOI, and administrative costs will be held to support continued advocacy and legal action for BC children and youth with disabilities. Full expenditures are recorded and available to donors on request.
Who is holding the money before the Society is incorporated?
Donations are held in a dedicated trust account by one of our lead organizers, on behalf of the future Society. The account is separate from any personal accounts. The arrangement is governed by a written declaration of trust that sets out how the funds can be used, the records that must be kept, and what happens if the Society is not incorporated. If the Society is not incorporated within two years, the trust agreement requires the remaining funds to be transferred to a non-profit or registered charity with similar purposes, and funds are never returned to organizers personally. Records are available to donors on request.
Will there be updates?
Yes. We will post updates through the GoFundMe campaign, this website, our social media channels, and our Facebook group. Updates will include legal milestones, expense summaries, Society incorporation status, and significant developments in the case.
Will the legal opinion be made public?
No. Because this is a live legal matter, the specific details of the opinion won't be made public. We'll share what we can, as authorized by counsel, and keep families updated on the direction and the key milestones along the way.
How can I help if I can't donate?
- Share the campaign with your networks
- Sign our petition
- Follow our social channels for updates
- Join our Facebook group for community discussion
- Share your family's story if you may be affected by these changes
- Contact your MLA and ask them to raise these concerns
Updates
Most recent first. This is where every meaningful step is recorded.
July 8, 2026: Full retainer transferred. Legal review begins.
The remaining $3,000 of the initial $8,000 retainer has been transferred to Arvay Finlay LLP, completing the retainer. Counsel can now begin the legal review. From here, funds will be transferred to counsel as they are requested.
July 8, 2026: A correction on the legal opinion cost.
We're flagging a correction openly. The $15,000 quoted for the legal opinion did not include GST. Legal fees in BC carry 5% federal GST, which brings the actual cost of the opinion to approximately $15,750. We're continuing to fundraise for the GST, ongoing Freedom of Information requests, GoFundMe and bank fees, and continued advocacy and legal action as the work develops. Full transparency, every step.
July 7, 2026: Legal opinion goal met. First $5,000 sent to counsel.
Thanks to every donor, we reached our initial fundraising target of $15,500. The first $5,000 CAD was sent from our trust account to Arvay Finlay LLP, with the remaining $3,000 of the initial retainer following in the coming days (daily transfer limit). Once the full retainer is with counsel, the formal legal review can begin.
June 29, 2026: Campaign launched.
Fair Autism & Disability Funding BC launched the Legal Opinion Fund GoFundMe with a goal of $15,500. Counsel: Arvay Finlay LLP. Trust structure and Society incorporation underway.
Contact
For questions about this campaign or how funds are administered, please get in touch through our contact page.
This campaign supports legal advice and advocacy. No specific litigation outcome is promised.
Donations are not tax-deductible. Fair Autism & Disability Funding BC is not a registered charity. All contributions support the legal and advocacy work described above.