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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 the 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 the 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 January 9,2016) [“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 January 9,2016) [“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. Online: http://www.bchrt.bc.ca/shareddocs/annual_reports/2010-2011.pdf (Last accessed January 9, 2016). In 2012/ | #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. Online: http://www.bchrt.bc.ca/shareddocs/annual_reports/2010-2011.pdf (Last accessed January 9, 2016). In 2012/1, 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.bc.ca/shareddocs/annual_reports/2012-2013.pdf (Last accessed January 9, 2016) | ||
#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. | ||
#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.bc.ca/shareddocs/annual_reports/2011-2012.pdf. (Last accessed January 9, 2016). 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.bc.ca/shareddocs/annual_reports/2012-2013.pdf (Last accessed Januay 9, 2016) | #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.bc.ca/shareddocs/annual_reports/2011-2012.pdf. (Last accessed January 9, 2016). 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.bc.ca/shareddocs/annual_reports/2012-2013.pdf (Last accessed Januay 9, 2016) | ||
#BC Human Rights | #BC Human Rights Clinic. Online: http://www.bchrc.net/ (Last accessed January 9, 2016) | ||
#The 2011-12 BCHRT Annual Report noted it was taking 280 to 400 days from application to resolution . | #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. | #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 2012, HillNote 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”] | #Chantal, C. Canada and the Convention on the Rights of Persons with Disabilities,Social Affairs Division. 5 December 2012, HillNote 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 | #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 (Last accessed May 1, 2014). | #Office of the Ombudsperson. “Administrative fairness”. Online : https://www.ombudsman.bc.ca/home/fairness-checklist (Last accessed May 1, 2014). | ||
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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 changes are the direct result of the recommendations made in the BC Ombudsperson | #These changes are the direct result of the recommendations made in the BC Ombudsperson 2013 report “No longer your decision.” | ||
#BC | #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/ (Last accessed May 1, 2014). | #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 | #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). | #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 | #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. | ||
#CCALA, s. 16. | #CCALA, s. 16. | ||
#CCALA, S. 30 (a) and (b) | #CCALA, S. 30 (a) and (b) | ||