Understanding the Bill of Rights and Residential Care - Revision history

Charmaine Spencer at 18:19, 11 January 2016

2016-01-11T18:19:19Z

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	{{Legal Issues in Residential Care: An Advocate's Manual TOC\|expanded = chapter2}}		{{Legal Issues in Residential Care: An Advocate's Manual TOC\|expanded = chapter2}}

	This chapter briefly introduces the Residents’ [http://~~www.health~~.gov.bc.ca/~~ccf~~/pdf/adultcare_bill_of_rights.pdf Bill of Rights].		This chapter briefly introduces the Residents’ [http://www2.gov.bc.ca/assets/gov/health-safety/home-community-care/accountability/pdf/adultcare_bill_of_rights.pdf Bill of Rights].

	:''Residents retain all their rights and entitlements as adults.''		:''Residents retain all their rights and entitlements as adults.''

Charmaine Spencer at 03:59, 10 January 2016

2016-01-10T03:59:16Z

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	The Residents’ Bill of Rights is a distillation of a number of standards of care that have been identified over the years in the former Adult Care Regulations and newer Residential Care Regulations.([[{{PAGENAME}}#References\|1]]) The rights in this Bill offer a commitment to care. They also set out the residents’ rights to health, safety and dignity; rights to participation and freedom of expression; as well as rights to transparency and accountability. The general scope and any general limitations on these rights are also identified. This list of rights is required to be posted in the facility.		The Residents’ Bill of Rights is a distillation of a number of standards of care that have been identified over the years in the former Adult Care Regulations and newer Residential Care Regulations.([[{{PAGENAME}}#References\|1]]) The rights in this Bill offer a commitment to care. They also set out the residents’ rights to health, safety and dignity; rights to participation and freedom of expression; as well as rights to transparency and accountability. The general scope and any general limitations on these rights are also identified. This list of rights is required to be posted in the facility.

	While the Ministry of Health has described this as a “comprehensive list of rights”,([[{{PAGENAME}}#References\|2]]) it is important to note these are a codification of certain rights ~~and~~ not the only rights that residents have in residential care facilities. These identified rights are largely educational. ([[{{PAGENAME}}#References\|3]]) The legal scope of the Bill is discussed in Chapter Five on “Rights, Remedies and Problem Resolution”. Unlike some Canadian jurisdictions, British Columbia’s Residents’ Bill of Rights has not been specifically identified in law as a deemed part of the residential care contract and does not give a separate right of action. However, that does not mean they are not enforceable.		While the Ministry of Health has described this as a “comprehensive list of rights”,([[{{PAGENAME}}#References\|2]]) it is important to note these are a codification of certain rights.They are not the only rights that residents have in residential care facilities. These identified rights are sometimes identified as largely educational. ([[{{PAGENAME}}#References\|3]])That kind of statement may inadvertently appear to diminish the importance of these responsibilities for operators. These are rights, not simply wishes or good intentions.

			The legal scope of the Bill is discussed in Chapter Five on “Rights, Remedies and Problem Resolution”. Unlike some Canadian jurisdictions, British Columbia’s Residents’ Bill of Rights has not been specifically identified in law as a deemed part of the residential care contract and does not give a separate right of action. However, that does not mean they are not enforceable.

	==Understanding the Bill of Rights==		==Understanding the Bill of Rights==

Charmaine Spencer: /* References */

2016-01-10T03:54:43Z

References

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	==References==		==References==
	#Health Statutes (Residents’ Bill of Rights) Amendment Act. S.B.C. 2009, s.8. Bill 17 (2009). In force by Order in Council 708 December 8, 2009). Online: http://www.bclaws.ca/civix/document/id/complete/statreg/08035_01 (Last accessed January 9, 2016).		#Health Statutes (Residents’ Bill of Rights) Amendment Act. S.B.C. 2009, s.8. Bill 17 (2009). In force by Order in Council 708 December 8, 2009). Online: http://www.bclaws.ca/civix/document/id/complete/statreg/08035_01 (Last accessed January 9, 2016).
	#Ministry of Health. Residents Bill of Rights. Online: http://~~www.health~~.gov.bc.ca/~~ccf~~/~~residents_bill_of_rights.html~~ (Last accessed ~~May 1~~, ~~2014~~).		#Ministry of Health. Policy and Standards. Residents Bill of Rights. Online: http://www2.gov.bc.ca/gov/content/health/accessing-health-care/home-community-care/accountability/policy-and-standards (Last accessed January 9, 2016).
	#British Columbia Law Institute. (September 2013). Report on Assisted Living in British Columbia. Report No. 72, at pg. 66.		#British Columbia Law Institute. (September 2013). Report on Assisted Living in British Columbia. Report No. 72, at pg. 66.

	{{REVIEWED \| reviewer = BC Centre for Elder Advocacy and Support, June 2014}}		{{REVIEWED \| reviewer = BC Centre for Elder Advocacy and Support, June 2014}}
	{{Legal Issues in Residential Care: An Advocate's Manual Navbox}}		{{Legal Issues in Residential Care: An Advocate's Manual Navbox}}

Charmaine Spencer: /* References */

2016-01-10T03:45:52Z

References

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	==References==		==References==
	#Health Statutes (Residents’ Bill of Rights) Amendment Act. S.B.C. 2009, s.8. Bill 17 (2009). In force by Order in Council 708 December 8, 2009). Online: ~~https://www.leg.bc.ca/Pages/BCLASS-Legacy.aspx#%2Fcontent%2Flegacy%2Fweb%2F39th1st%2F3rd_read%2Fgov17-3.htm~~ http://www.bclaws.ca/civix/document/id/complete/statreg/08035_01 (Last accessed January 9, 2016).		#Health Statutes (Residents’ Bill of Rights) Amendment Act. S.B.C. 2009, s.8. Bill 17 (2009). In force by Order in Council 708 December 8, 2009). Online: http://www.bclaws.ca/civix/document/id/complete/statreg/08035_01 (Last accessed January 9, 2016).
	#Ministry of Health. Residents Bill of Rights. Online: http://www.health.gov.bc.ca/ccf/residents_bill_of_rights.html (Last accessed May 1, 2014).		#Ministry of Health. Residents Bill of Rights. Online: http://www.health.gov.bc.ca/ccf/residents_bill_of_rights.html (Last accessed May 1, 2014).
	#British Columbia Law Institute. (September 2013). Report on Assisted Living in British Columbia. Report No. 72, at pg. 66.		#British Columbia Law Institute. (September 2013). Report on Assisted Living in British Columbia. Report No. 72, at pg. 66.

Charmaine Spencer at 03:44, 10 January 2016

2016-01-10T03:44:16Z

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	These Bills of Rights can be an important legal mechanism to interpret and understand the required approach to care and quality of life for residents. While these are expressed as the resident’s rights, to actually give the rights effect often requires the support of other people (including “family” or “representative”) important to the resident. The Bill of Rights recognizes and supports their active involvement.		These Bills of Rights can be an important legal mechanism to interpret and understand the required approach to care and quality of life for residents. While these are expressed as the resident’s rights, to actually give the rights effect often requires the support of other people (including “family” or “representative”) important to the resident. The Bill of Rights recognizes and supports their active involvement.

	The Residents’ Bill of Rights set out some of the rights that residents living in care facilities can expect to have respected. This statutory list of Rights operates in addition to residents’ common law rights, their other rights under municipal, provincial or federal laws, the Canadian Charter of Rights and Freedoms in respect of government actions, as well as rights from other sources.		The Residents’ Bill of Rights set out some of the rights that residents living in care facilities can expect to have respected. This statutory list of Rights operates in addition to residents’ common law rights, their other rights under municipal, provincial or federal laws, the Canadian Charter of Rights and Freedoms in respect of government actions, as well as rights from other sources.

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	==References==		==References==
	#Health Statutes (Residents’ Bill of Rights) Amendment Act. S.B.C. 2009, s.8. Bill 17 (2009). In force by Order in Council 708 December 8, 2009). Online: ~~http~~://www.leg.bc.ca/~~39th1st~~/~~1st_read/gov17~~-1.htm (Last accessed ~~May 1~~, ~~2014~~).		#Health Statutes (Residents’ Bill of Rights) Amendment Act. S.B.C. 2009, s.8. Bill 17 (2009). In force by Order in Council 708 December 8, 2009). Online: https://www.leg.bc.ca/Pages/BCLASS-Legacy.aspx#%2Fcontent%2Flegacy%2Fweb%2F39th1st%2F3rd_read%2Fgov17-3.htm http://www.bclaws.ca/civix/document/id/complete/statreg/08035_01 (Last accessed January 9, 2016).
	#Ministry of Health. Residents Bill of Rights. Online: http://www.health.gov.bc.ca/ccf/residents_bill_of_rights.html (Last accessed May 1, 2014).		#Ministry of Health. Residents Bill of Rights. Online: http://www.health.gov.bc.ca/ccf/residents_bill_of_rights.html (Last accessed May 1, 2014).
	#British Columbia Law Institute. (September 2013). Report on Assisted Living in British Columbia. Report No. 72, at pg. 66.		#British Columbia Law Institute. (September 2013). Report on Assisted Living in British Columbia. Report No. 72, at pg. 66.

Nate Russell at 23:02, 23 July 2014

2014-07-23T23:02:14Z

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	{{Legal Issues in Residential Care: An Advocate's Manual TOC}}		{{Legal Issues in Residential Care: An Advocate's Manual TOC\|expanded = chapter2}}

	This chapter briefly introduces the Residents’ [http://www.health.gov.bc.ca/ccf/pdf/adultcare_bill_of_rights.pdf Bill of Rights].		This chapter briefly introduces the Residents’ [http://www.health.gov.bc.ca/ccf/pdf/adultcare_bill_of_rights.pdf Bill of Rights].

Nate Russell at 20:57, 23 July 2014

2014-07-23T20:57:00Z

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	British Columbia‘s Bill of Rights for residential care facilities is a combination of human rights, individual freedoms, consumer rights, care and representation rights, as well as policy expectations. The rights are to be read and contextualized in light of what is reasonably practical given the resident’s physical, mental and emotional circumstances. Where necessary, a resident’s rights may need to be balanced with the need to protect and promote this resident’s health or safety, or the rights, health and safety of other residents.		British Columbia‘s Bill of Rights for residential care facilities is a combination of human rights, individual freedoms, consumer rights, care and representation rights, as well as policy expectations. The rights are to be read and contextualized in light of what is reasonably practical given the resident’s physical, mental and emotional circumstances. Where necessary, a resident’s rights may need to be balanced with the need to protect and promote this resident’s health or safety, or the rights, health and safety of other residents.

	The Residents’ Bill of Rights is a distillation of a number of standards of care that have been identified over the years in the former Adult Care Regulations and newer Residential Care Regulations. ([[{{PAGENAME}}#References\|1]])The rights in this Bill offer a commitment to care. They also set out the residents’ rights to health, safety and dignity; rights to participation and freedom of expression; as well as rights to transparency and accountability. The general scope and any general limitations on these rights are also identified. This list of rights is required to be posted in the facility.		The Residents’ Bill of Rights is a distillation of a number of standards of care that have been identified over the years in the former Adult Care Regulations and newer Residential Care Regulations.([[{{PAGENAME}}#References\|1]]) The rights in this Bill offer a commitment to care. They also set out the residents’ rights to health, safety and dignity; rights to participation and freedom of expression; as well as rights to transparency and accountability. The general scope and any general limitations on these rights are also identified. This list of rights is required to be posted in the facility.

	While the Ministry of Health has described this as a “comprehensive list of rights”,([[{{PAGENAME}}#References\|2]]) it is important to note these are a codification of certain rights and not the only rights that residents have in residential care facilities. These identified rights are largely educational. ([[{{PAGENAME}}#References\|3]]) The legal scope of the Bill is discussed in Chapter Five on “Rights, Remedies and Problem Resolution”. Unlike some Canadian jurisdictions, British Columbia’s Residents’ Bill of Rights has not been specifically identified in law as a deemed part of the residential care contract and does not give a separate right of action. However, that does not mean they are not enforceable.		While the Ministry of Health has described this as a “comprehensive list of rights”,([[{{PAGENAME}}#References\|2]]) it is important to note these are a codification of certain rights and not the only rights that residents have in residential care facilities. These identified rights are largely educational. ([[{{PAGENAME}}#References\|3]]) The legal scope of the Bill is discussed in Chapter Five on “Rights, Remedies and Problem Resolution”. Unlike some Canadian jurisdictions, British Columbia’s Residents’ Bill of Rights has not been specifically identified in law as a deemed part of the residential care contract and does not give a separate right of action. However, that does not mean they are not enforceable.

Nate Russell at 20:55, 23 July 2014

2014-07-23T20:55:40Z

← Older revision		Revision as of 20:55, 23 July 2014
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	The Residents’ Bill of Rights is a distillation of a number of standards of care that have been identified over the years in the former Adult Care Regulations and newer Residential Care Regulations. ([[{{PAGENAME}}#References\|1]])The rights in this Bill offer a commitment to care. They also set out the residents’ rights to health, safety and dignity; rights to participation and freedom of expression; as well as rights to transparency and accountability. The general scope and any general limitations on these rights are also identified. This list of rights is required to be posted in the facility.		The Residents’ Bill of Rights is a distillation of a number of standards of care that have been identified over the years in the former Adult Care Regulations and newer Residential Care Regulations. ([[{{PAGENAME}}#References\|1]])The rights in this Bill offer a commitment to care. They also set out the residents’ rights to health, safety and dignity; rights to participation and freedom of expression; as well as rights to transparency and accountability. The general scope and any general limitations on these rights are also identified. This list of rights is required to be posted in the facility.

	While the Ministry of Health has described this as a “comprehensive list of rights”, ([[{{PAGENAME}}#References\|2]])it is important to note these are a codification of certain rights and not the only rights that residents have in residential care facilities. These identified rights are largely educational. ([[{{PAGENAME}}#References\|3]]) The legal scope of the Bill is discussed in Chapter Five on “Rights, Remedies and Problem Resolution”. Unlike some Canadian jurisdictions, British Columbia’s Residents’ Bill of Rights has not been specifically identified in law as a deemed part of the residential care contract and does not give a separate right of action. However, that does not mean they are not enforceable.		While the Ministry of Health has described this as a “comprehensive list of rights”,([[{{PAGENAME}}#References\|2]]) it is important to note these are a codification of certain rights and not the only rights that residents have in residential care facilities. These identified rights are largely educational. ([[{{PAGENAME}}#References\|3]]) The legal scope of the Bill is discussed in Chapter Five on “Rights, Remedies and Problem Resolution”. Unlike some Canadian jurisdictions, British Columbia’s Residents’ Bill of Rights has not been specifically identified in law as a deemed part of the residential care contract and does not give a separate right of action. However, that does not mean they are not enforceable.

	==Understanding the Bill of Rights==		==Understanding the Bill of Rights==

Nate Russell at 20:55, 23 July 2014

2014-07-23T20:55:13Z

← Older revision		Revision as of 20:55, 23 July 2014
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	British Columbia‘s Bill of Rights for residential care facilities is a combination of human rights, individual freedoms, consumer rights, care and representation rights, as well as policy expectations. The rights are to be read and contextualized in light of what is reasonably practical given the resident’s physical, mental and emotional circumstances. Where necessary, a resident’s rights may need to be balanced with the need to protect and promote this resident’s health or safety, or the rights, health and safety of other residents.		British Columbia‘s Bill of Rights for residential care facilities is a combination of human rights, individual freedoms, consumer rights, care and representation rights, as well as policy expectations. The rights are to be read and contextualized in light of what is reasonably practical given the resident’s physical, mental and emotional circumstances. Where necessary, a resident’s rights may need to be balanced with the need to protect and promote this resident’s health or safety, or the rights, health and safety of other residents.

	The Residents’ Bill of Rights is a distillation of a number of standards of care that have been identified over the years in the former Adult Care Regulations and newer Residential Care Regulations. ([[{{PAGENAME}}#References\|~~139~~]])The rights in this Bill offer a commitment to care. They also set out the residents’ rights to health, safety and dignity; rights to participation and freedom of expression; as well as rights to transparency and accountability. The general scope and any general limitations on these rights are also identified. This list of rights is required to be posted in the facility.		The Residents’ Bill of Rights is a distillation of a number of standards of care that have been identified over the years in the former Adult Care Regulations and newer Residential Care Regulations. ([[{{PAGENAME}}#References\|1]])The rights in this Bill offer a commitment to care. They also set out the residents’ rights to health, safety and dignity; rights to participation and freedom of expression; as well as rights to transparency and accountability. The general scope and any general limitations on these rights are also identified. This list of rights is required to be posted in the facility.

	While the Ministry of Health has described this as a “comprehensive list of rights”, ([[{{PAGENAME}}#References\|~~140~~]])it is important to note these are a codification of certain rights and not the only rights that residents have in residential care facilities. These identified rights are largely educational. ([[{{PAGENAME}}#References\|~~141~~]]) The legal scope of the Bill is discussed in Chapter Five on “Rights, Remedies and Problem Resolution”. Unlike some Canadian jurisdictions, British Columbia’s Residents’ Bill of Rights has not been specifically identified in law as a deemed part of the residential care contract and does not give a separate right of action. However, that does not mean they are not enforceable.		While the Ministry of Health has described this as a “comprehensive list of rights”, ([[{{PAGENAME}}#References\|2]])it is important to note these are a codification of certain rights and not the only rights that residents have in residential care facilities. These identified rights are largely educational. ([[{{PAGENAME}}#References\|3]]) The legal scope of the Bill is discussed in Chapter Five on “Rights, Remedies and Problem Resolution”. Unlike some Canadian jurisdictions, British Columbia’s Residents’ Bill of Rights has not been specifically identified in law as a deemed part of the residential care contract and does not give a separate right of action. However, that does not mean they are not enforceable.

	==Understanding the Bill of Rights==		==Understanding the Bill of Rights==
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	:(c) rights to participation and freedom of expression; and		:(c) rights to participation and freedom of expression; and
	:(d) rights to transparency and accountability.		:(d) rights to transparency and accountability.

			==References==
			#Health Statutes (Residents’ Bill of Rights) Amendment Act. S.B.C. 2009, s.8. Bill 17 (2009). In force by Order in Council 708 December 8, 2009). Online: http://www.leg.bc.ca/39th1st/1st_read/gov17-1.htm (Last accessed May 1, 2014).
			#Ministry of Health. Residents Bill of Rights. Online: http://www.health.gov.bc.ca/ccf/residents_bill_of_rights.html (Last accessed May 1, 2014).
			#British Columbia Law Institute. (September 2013). Report on Assisted Living in British Columbia. Report No. 72, at pg. 66.

	{{REVIEWED \| reviewer = BC Centre for Elder Advocacy and Support, June 2014}}		{{REVIEWED \| reviewer = BC Centre for Elder Advocacy and Support, June 2014}}
	{{Legal Issues in Residential Care: An Advocate's Manual Navbox}}		{{Legal Issues in Residential Care: An Advocate's Manual Navbox}}

Nate Russell at 20:53, 23 July 2014

2014-07-23T20:53:53Z

← Older revision		Revision as of 20:53, 23 July 2014
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	British Columbia‘s Bill of Rights for residential care facilities is a combination of human rights, individual freedoms, consumer rights, care and representation rights, as well as policy expectations. The rights are to be read and contextualized in light of what is reasonably practical given the resident’s physical, mental and emotional circumstances. Where necessary, a resident’s rights may need to be balanced with the need to protect and promote this resident’s health or safety, or the rights, health and safety of other residents.		British Columbia‘s Bill of Rights for residential care facilities is a combination of human rights, individual freedoms, consumer rights, care and representation rights, as well as policy expectations. The rights are to be read and contextualized in light of what is reasonably practical given the resident’s physical, mental and emotional circumstances. Where necessary, a resident’s rights may need to be balanced with the need to protect and promote this resident’s health or safety, or the rights, health and safety of other residents.

	The Residents’ Bill of Rights is a distillation of a number of standards of care that have been identified over the years in the former Adult Care Regulations and newer Residential Care Regulations. ([[~~Introduction, Chapter One and Two of Legal Issues in Residential Care~~ References\|139]])The rights in this Bill offer a commitment to care. They also set out the residents’ rights to health, safety and dignity; rights to participation and freedom of expression; as well as rights to transparency and accountability. The general scope and any general limitations on these rights are also identified. This list of rights is required to be posted in the facility.		The Residents’ Bill of Rights is a distillation of a number of standards of care that have been identified over the years in the former Adult Care Regulations and newer Residential Care Regulations. ([[{{PAGENAME}}#References\|139]])The rights in this Bill offer a commitment to care. They also set out the residents’ rights to health, safety and dignity; rights to participation and freedom of expression; as well as rights to transparency and accountability. The general scope and any general limitations on these rights are also identified. This list of rights is required to be posted in the facility.

	While the Ministry of Health has described this as a “comprehensive list of rights”, ([[~~Introduction, Chapter One and Two of Legal Issues in Residential Care~~ References\|140]])it is important to note these are a codification of certain rights and not the only rights that residents have in residential care facilities. These identified rights are largely educational. ([[~~Introduction, Chapter One and Two of Legal Issues in Residential Care~~ References\|141]]) The legal scope of the Bill is discussed in Chapter Five on “Rights, Remedies and Problem Resolution”. Unlike some Canadian jurisdictions, British Columbia’s Residents’ Bill of Rights has not been specifically identified in law as a deemed part of the residential care contract and does not give a separate right of action. However, that does not mean they are not enforceable.		While the Ministry of Health has described this as a “comprehensive list of rights”, ([[{{PAGENAME}}#References\|140]])it is important to note these are a codification of certain rights and not the only rights that residents have in residential care facilities. These identified rights are largely educational. ([[{{PAGENAME}}#References\|141]]) The legal scope of the Bill is discussed in Chapter Five on “Rights, Remedies and Problem Resolution”. Unlike some Canadian jurisdictions, British Columbia’s Residents’ Bill of Rights has not been specifically identified in law as a deemed part of the residential care contract and does not give a separate right of action. However, that does not mean they are not enforceable.

	==Understanding the Bill of Rights==		==Understanding the Bill of Rights==