Day 1: Thursday, November 2
Welcome and Introduction
Jan Goddard — Goddard Gamage LLP, Toronto
Hugh S. McLellan — McLellan Herbert, Vancouver
Geoffrey W. White — Geoffrey W. White Law Corporation, Counsel, Clark Wilson LLP, Kelowna & Vancouver
Opening Address: Consent: Same Standards For All Ages
Isobel Mackenzie — Seniors Advocate, Province of British Columbia, Victoria
Introduction of Platinum Sponsor: Vancity
Catherine Ludgate — Manager, Community Investment, microfinance, financial literacy, anti-poverty work, Vancity
Medical Assistance In Dying (MAID) — Physician Experiences On The Ground
- MAID practice standards
- MAID oversight and reporting
- assessments
- provision of MAID
- challenges providers and patients face
- what lawyers need to know when they are advocating for their clients
- how conscientious objection is operationalized
Dr. Heidi Oetter — Registrar and Chief Executive Officer, College of Physicians and Surgeons of British Columbia, Vancouver
Dr. Ellen Wiebe — Clinical Professor, Department of Family Practice, University of British Columbia, Vancouver
Networking Break
What's Capacity Got To Do With It? Modernizing Decision Making With Meaningful Law Reform
- what did the Law Commission of Ontario hear during its consultations?
- the big 3: access to justice – resolving guardianship and capacity disputes; supported and substitute decision making; powers of attorney
- what did they recommend and why?
- perspectives from BC and Australia — comparisons, insights, and lessons learned
Kathleen Cunningham — Executive Director, British Columbia Law Institute, Vancouver
Malcolm Schyvens — Deputy President, Division Head — Guardianship Division, NSW Civil and Administrative Tribunal and Chair — Australian Guardianship and Administration Council, Sydney, New South Wales
Nye Thomas — Executive Director, Law Commission of Ontario, Toronto
Laura Tamblyn Watts (Moderator) — CCEL Staff Lawyer and LCO Advisory Committee Member, Toronto
Concurrent Sessions A
Capacity, Undue Influence, And Independent Legal Advice: HowTo Interview and When To Insist On Independent Legal Advice
Webinar Session
- surrounding circumstances that a lawyer should be mindful of
- how to conduct interviews to elicit key relevant information
- what is required to rebut presumptions of undue influence and/or establish capacity
- when to act/not act for older clients on a joint retainer
- when to insist on independent legal advice (ILA)
- the standard of care in providing ILA
Sara Beheshti — O’Sullivan Estate Lawyers LLP, Toronto
Stanley Rule — Sabey Rule LLP, Kelowna
Kimberly A. Whaley — WEL Partners, Toronto
Adult Protection: Findings From A Research Study Examining Implementation/Awareness Of British Columbia's Adult Guardianship Act
- BC’s distinctive adult protection scheme: Part 3 of the Adult Guardianship Act
- summary of research project: gathering information about current implementation by health authorities and awareness/knowledge among legal professionals as community "gatekeepers"
Margaret I. Hall — Associate Professor, Faculty of Law, Thompson Rivers University, Kamloops
AND
Is The Law Of Evidence Ready For The Aging Population?
- how aging can interfere with the ability to participate in a trial
- procedural and legal tools available to accommodate seniors who experience limitations
- case law review suggests available accommodations are rarely used for older adults
Helene Love — SJD Candidate, University of Toronto, Faculty of Law, Toronto
Networking Lunch (Provided) With Keynote Speakers:
Implicit Bias And The Elderly Client: What Conflict Resolvers Should Know
- what lawyers need to know about capacity when taking instructions from elderly clients
- the struggle between "protecting" the elder client and supporting her right to be independent
- the advantages of mediation to resolve disputes involving an elderly client
- the concept of implicit bias: its origins and examples
- age and aging: debunking prevalent myths
- working with the elderly client: what to keep in mind
- how to ameliorate bias: some insights from recent research
The Honourable Marion J. Allan — Clark Wilson LLP, Vancouver
Anita Dorczak, MA, LLB, PhD, PC, Cert. EM, CLP — Lawyer & Mediator, Westbrook Law & Mediation Centre, Edmonton
Isolation, Loneliness, Neglect, and Self-Neglect: Ethical and Practical Issues For Lawyers
- the lawyer’s ethical obligations when suspecting neglect or self-neglect
- how far to go in providing assistance or support
- questions to ask when exploring concerns about an older person
- respectful and non-ageist practice
- key resource agencies for referral
Joan Braun — Mediator and Lawyer, Vista Law Group, Vancouver
Barbara K. Buchanan, QC — Practice Advisor, Law Society of BC, Vancouver
Alison Leaney — Provincial Coordinator, Vulnerable Adults Community Response, Services to Adults, Public Guardian and Trustee of BC, Vancouver
Networking Break
Concurrent Sessions B
Legal Routes For Intervention In Instances of Self-Neglect In BC: Mental Health Act vs. Adult Guardianship Act
Webinar Session
- what is self-neglect
- when might it be appropriate to intervene
- when might the Mental Health Act Adult Guardianship Act apply
- what kinds of interventions are possible under each legal regime
- what rights does a person have to resist or challenge intervention under either law
- review of scenarios to contrast the two regimes
Amanda Brown, MSW, RSW — Director, ReAct Adult Protection Program, West Community Health Centre, Vancouver Coastal Health, West Vancouver
Dr. Heather D’Oyley — Geriatric Psychiatrist, Vancouver Coastal Health, Vancouver
Laura Johnston — Lawyer, Community Legal Assistance Society, Vancouver
Legal Needs Of Older Adults Who Experience Elder Abuse: The Role Played By Non-Profit Organizations
- the role of non-profit organizations to counter elder abuse
- the needs of older adults who experience financial abuse — especially the need for legal information
- lawyers, and other professionals involved in law enforcement, as volunteers for non-profit organizations
Marie Beaulieu — Research Chair on Mistreatment of Older Adults, University of Sherbrooke, Sherbrooke
AND
Inclusive Investing: Supporting Decision-Making For Investment Issues By People With Capacity Challenges
- supported decision-making in Canada and the interaction with powers of attorney
- working with supported decision-making documents such as representation agreements
- ethical issues related to fiduciary duty - concerns around undue influence and elder abuse
- new tools and checklists to support professional practice on investments and supported decision-making
- linkages between banking and investment issues related to mental capacity
Laura Tamblyn Watts — CCEL Staff Lawyer and LCO Advisory Committee Member, Toronto
The Australian Guardianship Tribunal System: Lessons To Share With Canada
- overview of the Australian guardianship landscape
- substitute decision making in Australia and the role of tribunals
- the workings of the Guardianship Division of the NSW Civil and Administrative Tribunal
- the future — calls for reform
Malcolm Schyvens — Deputy President, Division Head — Guardianship Division, NSW Civil and Administrative Tribunal and Chair — Australian Guardianship and Administration Council, Sydney, New South Wales
Closing Remarks
Jan Goddard — Goddard Gamage LLP, Toronto
Hugh S. McLellan — McLellan Herbert, Vancouver
Geoff W. White — Geoffrey W. White Law Corporation, Counsel, Clark Wilson LLP, Kelowna & Vancouver