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Difference between revisions of "Directing Residential Care Concerns to External Bodies"
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Directing Residential Care Concerns to External Bodies (view source)
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#British Columbia v. Gregoire, 2005 BCCA 585. The Court of Appeal held that the Tribunal did not have jurisdiction to proceed further upon the death of the complainant. However, for a bit more promising approach (outside of human rights code) to actions surviving the death of the complainant, See Dudley v. Canada (Attorney General) [2013] B.C.J. No. 1191. | #British Columbia v. Gregoire, 2005 BCCA 585. The Court of Appeal held that the Tribunal did not have jurisdiction to proceed further upon the death of the complainant. However, for a bit more promising approach (outside of human rights code) to actions surviving the death of the complainant, See Dudley v. Canada (Attorney General) [2013] B.C.J. No. 1191. | ||
#McNaughton. , H. “Lessons learned: the BC direct access Human Rights Tribunal” Online: http://www.justice.gov.yk.ca/pdf/Heather_MacNaughton_Article.pdf (Last accessed May 1, 2014) [“MacNaughton”] | #McNaughton. , H. “Lessons learned: the BC direct access Human Rights Tribunal” Online: http://www.justice.gov.yk.ca/pdf/Heather_MacNaughton_Article.pdf (Last accessed May 1, 2014) [“MacNaughton”] | ||
#In 2010-11, of 1063 complaints (828 filings) received by the BCHR Tribunal, only 38 made it to the Tribunal stage and 20 of these were dismissed. http://www.bchrt.gov.bc.ca/annual_reports/info/annual_report_2010-2011.pdf (Last accessed May 1, 2014). In 2012/ 13, 1028 complaints were received, of which 51 led to Tribunal hearings. Forty percent of complaints were rejected for filing at the first instance in 2012/13. (Pg. 2 of 2012/13 Annual Report). Online; http://www.bchrt.gov.bc.ca/annual_reports/info/annual_report_2012-2013.pdf (Last accessed May 1, 2014) | #In 2010-11, of 1063 complaints (828 filings) received by the BCHR Tribunal, only 38 made it to the Tribunal stage and 20 of these were dismissed. http://www.bchrt.gov.bc.ca/annual_reports/info/annual_report_2010-2011.pdf (Last accessed May 1, 2014). In 2012/13, 1028 complaints were received, of which 51 led to Tribunal hearings. Forty percent of complaints were rejected for filing at the first instance in 2012/13. (Pg. 2 of 2012/13 Annual Report). Online; http://www.bchrt.gov.bc.ca/annual_reports/info/annual_report_2012-2013.pdf (Last accessed May 1, 2014) | ||
#There is currently no specific legal authority for the Tribunal Registrar to undertake the screening. In the 2012/ 13 BCHRT Annual Report, the Tribunal specifically asked the government to amend the Code to give the Tribunal Registrar authority to screen complaints. | #There is currently no specific legal authority for the Tribunal Registrar to undertake the screening. In the 2012/ 13 BCHRT Annual Report, the Tribunal specifically asked the government to amend the Code to give the Tribunal Registrar authority to screen complaints. | ||
#MacNaughton, p.5. | #MacNaughton, p.5. | ||
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#WHO Wheelchair Guidelines, pg. 22. | #WHO Wheelchair Guidelines, pg. 22. | ||
#Ombudsperson Act [RSBC 1996] c. 340. [“Ombudsperson Act”] | #Ombudsperson Act [RSBC 1996] c. 340. [“Ombudsperson Act”] | ||
#Office of the Ombudsperson. “Administrative fairness”. Online : https://www.ombudsman.bc.ca/home/fairness-checklist ( | #Office of the Ombudsperson. “Administrative fairness”. Online : https://www.ombudsman.bc.ca/home/fairness-checklist (Last accessed May 1, 2014). | ||
#Document Review - staff reviewed documents obtained from the health authorities and provided to office by the public and other interested organizations. Information reviewed included: legislation, regulation and policies; government letters of expectations, international, national and provincial documents that establish basic principles and standards for the care of seniors, guidelines, directives and bulletins, statistics related to the population of seniors in B.C., organizational charts and job descriptions; program descriptions, policies, guidelines and public information; handbooks, brochures, booklets and online information about home and community care; information about programs and services offered in other jurisdictions; service agreements between health authorities and contracted service agencies; reports about seniors’ care in B.C. and other jurisdictions | #Document Review - staff reviewed documents obtained from the health authorities and provided to office by the public and other interested organizations. Information reviewed included: legislation, regulation and policies; government letters of expectations, international, national and provincial documents that establish basic principles and standards for the care of seniors, guidelines, directives and bulletins, statistics related to the population of seniors in B.C., organizational charts and job descriptions; program descriptions, policies, guidelines and public information; handbooks, brochures, booklets and online information about home and community care; information about programs and services offered in other jurisdictions; service agreements between health authorities and contracted service agencies; reports about seniors’ care in B.C. and other jurisdictions | ||
#BC Ombudsperson (February 2013). No longer your decision: British Columbia’s process for appointing the public guardian and trustee to manage the financial affairs of incapable adults. Public Report No. 49. Online: https://www. | #BC Ombudsperson (February 2013). No longer your decision: British Columbia’s process for appointing the public guardian and trustee to manage the financial affairs of incapable adults. Public Report No. 49. Online: https://www.bcombudsperson.ca/sites/default/files/Public%20Report%20No%20-%2049%20No%20Longer%20Your%20Decision-%20BC%27s%20Process%20for%20appointing%20the%20Public%20Guardian%20and%20Trustee-%20Incapable%20Adults.pdf (Last accessed January 9, 2016) [ “No longer your decision”] | ||
#Ombudsperson Act, | #Ombudsperson Act, s. 10(1). | ||
#Ombudsperson Act, s. 10 (2) | #Ombudsperson Act, s. 10 (2). | ||
#An administrative fairness checklist can be found in the Ombudsman’s 1990 Annual Report to the Legislative Assembly. | #An administrative fairness checklist can be found in the Ombudsman’s 1990 Annual Report to the Legislative Assembly. | ||
#Public Guardian and Trustee Act [RSBC 1996] c. 383, s. 17(2) (“PGTA”) | #Public Guardian and Trustee Act [RSBC 1996] c. 383, s. 17(2) (“PGTA”) | ||
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#See section 16(3) Health Care (Consent) And Care Facility (Admission) Act [RSBC 1996] c.181 . Online: http://www.bclaws.ca/Recon/document/ID/freeside/00_96181_01#section16 (Last accessed May 1, 2014) | #See section 16(3) Health Care (Consent) And Care Facility (Admission) Act [RSBC 1996] c.181 . Online: http://www.bclaws.ca/Recon/document/ID/freeside/00_96181_01#section16 (Last accessed May 1, 2014) | ||
#Patients Property Act [RSBC 1996] c. 349. | #Patients Property Act [RSBC 1996] c. 349. | ||
#These | #These changes are the direct result of the recommendations made in the BC Ombudsperson 2013 report “No longer your decision.” | ||
#BC Ministry of Health (2005) Guide to the Mental Health Act, pg. 11. Online: http://www.health.gov.bc.ca/library/publications/year/2005/MentalHealthGuide.pdf | #BC Ministry of Health (2005) Guide to the Mental Health Act, pg. 11. Online: http://www.health.gov.bc.ca/library/publications/year/2005/MentalHealthGuide.pdf (Last accessed May 1, 2014) | ||
#Mental Health Act, sections 25(2), 25(4.1) [ “MHA”] | #Mental Health Act, sections 25(2), 25(4.1) [ “MHA”] | ||
#Mental Health Review Board. Online: http://www.mentalhealthreviewboard.gov.bc.ca/ | #Mental Health Review Board. Online: http://www.mentalhealthreviewboard.gov.bc.ca/ (Last accessed May 1, 2014). | ||
#Constitution Act, 1982 (80). Part I Canadian Charter of Rights and Freedoms. | #Constitution Act, 1982 (80). Part I Canadian Charter of Rights and Freedoms. | ||
#MHA, s. 31. | #MHA, s. 31. | ||
#Mental Health Review Board. | #Mental Health Review Board. “Commonly asked questions. What are the limits of what the review panel can decide? “ Online: http://www.mentalhealthreviewboard.gov.bc.ca/questions.html# (Last accessed May 1, 2014) | ||
#Romano, L., Wahl, J.A. & Meadus, J. | #Romano, L., Wahl, J.A. & Meadus, J. (2008). Submission to the Law Commission of Ontario concerning the law as it affects older adults. Advocacy Centre for the Elderly, pg. 7. Online : http://www.advocacycentreelderly.org/appimages/file/Law_as_it_Affects_Older_Adults_July_2008.pdf (Last accessed May 1, 2014). | ||
#See for example. Complainant vs. College of Physicians and Surgeons and 5 Registrants. 2011-HPA-219(a); 2011-HPA-220(a);2011-HPA-221(a);2011-HPA-222(a) Re: The College of Physicians and Surgeons of British Columbia (Grouped file No. 2012-HPA-G03). Online : http://www.hprb.gov.bc.ca/decisions/2011-HPA-219(a);2011-HPA-220(a);2011-HPA-221(a);2011-HPA-222(a).pdf (Last accessed May 1, 2014). | #See for example. Complainant vs. College of Physicians and Surgeons and 5 Registrants. 2011-HPA-219(a); 2011-HPA-220(a);2011-HPA-221(a);2011-HPA-222(a) Re: The College of Physicians and Surgeons of British Columbia (Grouped file No. 2012-HPA-G03). Online : http://www.hprb.gov.bc.ca/decisions/2011-HPA-219(a);2011-HPA-220(a);2011-HPA-221(a);2011-HPA-222(a).pdf (Last accessed May 1, 2014). | ||
#VIHA . What is an exemption? Community Care Facilities Licensing Program. Online: http://www.viha.ca/NR/rdonlyres/453B43E6-16A4-4BC7-A441-7B98CAD28996/0/WhatisanExemption.pdf (Last accessed May 1, 2014). See for example, Community Care and Assisted Living Appeal Board. | #VIHA . What is an exemption? Community Care Facilities Licensing Program. Online: http://www.viha.ca/NR/rdonlyres/453B43E6-16A4-4BC7-A441-7B98CAD28996/0/WhatisanExemption.pdf (Last accessed May 1, 2014). See for example, Community Care and Assisted Living Appeal Board. | ||
