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Difference between revisions of "Chapter Five Legal Issues in Residential Care References"

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#See:  Perry v. Strata #49 Council, 2014 BCHRT 7. However, the complaint’s case was dismissed not on  the merits, but because the complainant did not specifically base her case on age discrimination.
#See:  Perry v. Strata #49 Council, 2014 BCHRT 7. However, the complaint’s case was dismissed not on  the merits, but because the complainant did not specifically base her case on age discrimination.
#Chantal,  C. Canada and the Convention on the Rights of Persons with Disabilities ,    Social Affairs Division
#Chantal,  C. Canada and the Convention on the Rights of Persons with Disabilities ,    Social Affairs Division
5 December 2012HillNote Number 2012-89-E. Online: http://www.parl.gc.ca/Content/LOP/ResearchPublications/2012-89-e.htm  (Last accessed May 1, 2014)
5 December 2012HillNote Number 2012-89-E. Online: http://www.parl.gc.ca/Content/LOP/ResearchPublications/2012-89-e.htm  (Last accessed May 1, 2014). Also see: World  Health Organization. Guidelines on the provision of manual wheelchairs in less resourced settings. Online: http://www.who.int/disabilities/publications/technology/English%20Wheelchair%20Guidelines%20(EN%20for%20the%20web).pdf?ua=1  (Last accessed May 1, 2014) [ “WHO  Wheelchair Guidelines”]
#WHO  Wheelchair Guidelines, pg. 22.
#Ombudsperson Act [RSBC 1996] c. 340. [“Ombudsperson Act”]
#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
#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.ombudsman.bc.ca/images/resources/reports/Special_Reports/no_longer_your_decision.pdf (Last accessed May 1, 2014) [ “No longer your decision”]
#Ombudsperson Act,  s. 10(1).
#Ombudsperson Act, s. 10 (2)
#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”)
#PGTA, s. 17(1) (c), (d), and (e).
#PGTA, s. 17(1) (b).
#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.
#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    (Last accessed May 1, 2014)
#Mental Health Act, sections 25(2), 25(4.1)  [ “MHA”]
#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.
#MHA, s. 31.
#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.  (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)
 




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