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Author Archives: dignifiedcare
Section 7 Charter Abuse?
Section 7 of the Canadian Charter of Rights enshrines every competent person full rights to autonomy and self-determination. Ontario’s Substitute Decision Act chips away at that, allowing appointment of counsel for a person whose capacity is at issue before the … Continue reading
Posted in Elder Abuse, Judges, Law Reform, Legal issues, Section 3
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Caring for someone with dementia
They live in the moment. They enjoy people, food life. They are like you and me, but without memory they lack the access to experience which is so important for judgement. For some good advice on providing care check-out this … Continue reading
Posted in Care
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Conflict of Interest? – part 1
The relationship between Section 3 and BMO has the appearance of a conflict of interest. Section 3 introduced BMO as part of an order to remove my mother from questionable care. At the time Mrs. Childs was telling, PSW’s and … Continue reading
Posted in Fiduciary Duty, Law Reform, Legal issues, Section 3
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Financial abuse #1
Incapable persons can easily lose control of their property. Courts can be complicit in what could be considered financial abuse by allowing orders not followed, or enforced, to be modified by subsequent orders, even when the court is informed the … Continue reading
Posted in Elder Abuse
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Technically not incapable – but no need to seek instruction
At [5] of the June Decision (2015 ONSC 4036) Justice Tranmer rules “There is no issue as to whether Mrs. Childs suffers from an incapacity as to her property and personal care. The materials establish this to be, unfortunately, the … Continue reading
Posted in Judges, Law Reform, Legal issues, Public Guardian, Section 3
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Is Section 3 of Ontario’s Substitute Decision Act unconstitutional?
In a recent Appeal court decision (2017 ONCA 516) the court lauded Section 3’s “advocacy” for her client. They had been asked to rule on when capacity was technically lost and how that relates to the “deemed ability to instruct” … Continue reading
Posted in Legal issues, Section 3
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Submissions on Bill 148, the Fair Workplaces, Better Jobs Act
Is $0.65/hour a reasonable amount to pay anyone for work? Seems impossible but that is what a Judge in Ontario ordered a daughter be compensated for living away from her home and providing 24/7 caregiving to her rich mother. (2015onsc4036) … Continue reading
Posted in Attorney General, Care, Law Reform, Legal issues
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Law Firms Analysis of Decisions
Below are law firms that have reviewed the various Decisions (2015 ONSC 4036, 2015 ONCS 6616, & 2017 ONCA 0516) with my comments and thoughts in italics. If you write a review please contact me so i can add. Adrian … Continue reading
Posted in Decisions, Legal issues
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Appeal Decision (2107 ONCA 0516) Analysis
The Commission of Ontario – after extensive study regarding the courts application of law and rights where competence is at issue, recommend a special court be set up with expertise competence and a detailed understanding of the relevant laws. The … Continue reading
Posted in BMO, Decisions, Legal issues, Public Guardian, Section 3
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June Decision (2015 ONSC 4036) Analysis
There are a number of palpable errors and errors in law in the June decision. As well as evidence of bias. In terms of palpable errors at paragraph 18 he says in two consecutive sentences that Andrew did not agree … Continue reading
Posted in Uncategorized
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