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Difference between revisions of "The Basic Recourse Process under CCALA"
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The Basic Recourse Process under CCALA (view source)
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Identifying and addressing problems in care facilities is a socially important matter that needs to be dealt with fairly and in a responsive manner. On rare occasion, a British Columbia operator has initiated a defamation lawsuit against a third party who has publicly identified problems in a residential care facility, on the basis that the comments damaged the business’s reputation. When this occurred in another Canadian jurisdiction the operator’s lawsuit was not successful; the court considered it in the public interest to raise these issues. ([[{{PAGENAME}}#References|31]]) | Identifying and addressing problems in care facilities is a socially important matter that needs to be dealt with fairly and in a responsive manner. On rare occasion, a British Columbia operator has initiated a defamation lawsuit against a third party who has publicly identified problems in a residential care facility, on the basis that the comments damaged the business’s reputation. When this occurred in another Canadian jurisdiction the operator’s lawsuit was not successful; the court considered it in the public interest to raise these issues. ([[{{PAGENAME}}#References|31]]) | ||
In some instances, a lawsuit may have been initiated to purposefully create a chilling effect so that people will not complain about the quality of care that residents receive. At common law, there are important defences for operators, staff and residents to be aware of in this area, including the truth ("justification"), “qualified privilege”, “fair comment”, and “responsible communication on matters of public interest”. ([[{{PAGENAME}}#References|32]]) | In some instances, a lawsuit may have been initiated to purposefully create a chilling effect so that people will not complain about the quality of care that residents receive. At common law, there are important defences for operators, staff, family and residents to be aware of in this area, including the truth ("justification"), “qualified privilege”, “fair comment”, and “responsible communication on matters of public interest”. ([[{{PAGENAME}}#References|32]]) | ||
The last of these, responsible communication on matters of public interest, is a new defense identified by the Supreme Court of Canada in 2009. ([[{{PAGENAME}}#References|33]]) It requires two things: first the published comments must be on a matter of public interest (comments about quality of care in a facility, abuse, or neglect would be good examples). Second, the defendant must show that publisher was responsibly diligent in trying to verify the allegation(s), having regard to all the relevant circumstances. | The last of these, responsible communication on matters of public interest, is a new defense identified by the Supreme Court of Canada in 2009. ([[{{PAGENAME}}#References|33]]) It requires two things: first the published comments must be on a matter of public interest (comments about quality of care in a facility, abuse, or neglect would be good examples). Second, the defendant must show that publisher was responsibly diligent in trying to verify the allegation(s), having regard to all the relevant circumstances. | ||
==References== | ==References== | ||
#RCR Regulations, s. 60. | #RCR Regulations, s. 60. | ||
