Protecting and Enforcing Rights in Residential Care

Complaints that rights have been violated

If a resident believes that his or her rights have been violated, the resident (or a person acting on his or her behalf) may submit a complaint under the Patient Care Quality Review Board Act.(1) These will be treated as care quality complaints.(2)

Protection for persons in care

The Residents’ Bill of Rights prohibits an Operator from retaliating against the resident because of a complaint made under the CCALA and Regulations, or made under the Patient Care Quality Review Board Act. They cannot “evict, discharge, intimidate, coerce, impose any pecuniary or other penalty on, suspend a service to, deny a right or benefit to or otherwise discriminate against a [resident] because of a complaint made in relation to the [resident].(3)

No right to sue

As previously noted, there is no independent right of action or right of compensation based only on a violation of a resident’s rights under the Bill. (4) However, it remains important evidence of legal duties owed by the operator, staff and health authorities to the resident or residents.

References

1. Residents’ Bill of Rights, s. 2(1).
2. Residents’ Bill of Rights, s.2 (2).
3. Residents’ Bill of Rights, s. 3.
4. Residents’ Bill of Rights, s. 4.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by BC Centre for Elder Advocacy and Support, June 2014.

Relating to money, which is exactly what someone who is "impecunious" doesn't have a great deal of. See "indigent."

In law, to formally deliver documents to a person in a manner that complies with the rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person), or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service."

A right to claim relief resulting from a person's actions or lack of action, also called a "cause of action." For example, a spouse's adultery may give rise to a right of action allowing the other spouse to sue for a divorce order.

Facts, or proof tending to support the existence of facts, presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay" and "testimony."