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Difference between revisions of "Chapter Five Legal Issues in Residential Care References"
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Chapter Five Legal Issues in Residential Care References (view source)
Revision as of 18:41, 4 July 2014
, 18:41, 4 July 2014→References
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#Care Aide and Community Health Worker Registry. “About the Registry”. Online: http://www.cachwr.bc.ca/About-the-Registry.aspx (Last accessed May 1, 2014) | #Care Aide and Community Health Worker Registry. “About the Registry”. Online: http://www.cachwr.bc.ca/About-the-Registry.aspx (Last accessed May 1, 2014) | ||
#The Registry’s enabling framework is the Letter of Understanding (LOU) that was signed by HEABC, the Facilities Bargaining Association (FBA) and the Community Bargaining Association (CBA) in 2010. Appendix A of the LOU outlines the Registry’s investigative and removal process. The Registry reports to the Executive Director at Health Match BC, the HEABC President /CEO, and the MOH. | #The Registry’s enabling framework is the Letter of Understanding (LOU) that was signed by HEABC, the Facilities Bargaining Association (FBA) and the Community Bargaining Association (CBA) in 2010. Appendix A of the LOU outlines the Registry’s investigative and removal process. The Registry reports to the Executive Director at Health Match BC, the HEABC President /CEO, and the MOH. | ||
#“Employers- Frequently Asked Questions” Online: http://www.cachwr.bc.ca/About-the-Registry/Employer-FAQ.aspx (Last accessed May 1, 2014) | |||
#Foerster, V.& Murtagh, J. (February , 2013) British Columbia Care Aide & Community Health Worker Registry: A Review, Ministry of Health, pg. iv. Online: http://www.health.gov.bc.ca/library/publications/year/2013/bc-care-aide-registry-report.pdf (Last accessed May 1, 2014) | |||
#See Bentley v. Maplewood. | |||
#Interior Health. Policy AL1500. Police -designated/delegated authority access to clients and client information. | |||
#Freedom of Information and Protection of Privacy Act [RSBC 1996] c.165. | |||
#Personal Information Protection Act [SBC 2003] c. 63. | |||
#BC Human Rights Code, [RSBC 1996] c. 210, s.2. | |||
#See for example, Cole and Joseph obo others v. Northern Health Authority and others, 2014 BCHRT 26, where a group in the Prince Rupert area argued that the hospital services available to First Nations people were significantly lower or deficient compared to those in other communities. | |||
#Ontario Human Rights Commission v. Simpsons-Sears Ltd.1985 CanLII 18 (SCC), [1985] 2 S.C.R. 536. | |||
#Kolb. P.J. (ed.) (2007).Social work practice with ethnically and racially diverse nursing homes. Columbia University Press. p. 185. | |||
#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”] | |||
#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. | |||
#MacNaughton, p.5. | |||
#The 2011-12 BCHRT annual report notes for example that Complainants with counsel succeeded in 56% of their cases. Without counsel, the complainants succeeded in only in 31% of the cases. Pg. 11. Online : http://www.bchrt.gov.bc.ca/annual_reports/info/annual_report_2011-2012.pdf. (Last accessed May 1, 2014). In 2012-13, complainants with counsel succeeded in 71% of the cases, those without counsel succeeded only in 36% , pg 9. Online: http://www.bchrt.gov.bc.ca/annual_reports/info/annual_report_2012-2013.pdf (Last accessed May 1, 2014) | |||
#BC Human Rights Coalition. Online: http://www.bchrcoalition.org (Last accessed May 1, 2014) | |||
#The 2011-12 BCHRT Annual Report noted it was taking 280 to 400 days from application to resolution . | |||
#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 | |||
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) | |||
