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Watts, Laura; Bettencourt, Christopher --- "Summary of CCEL Activities in 2008" [2008] ElderLawRw 2; (2008) 5 Elder Law Review, Article 2


Summary of CCEL Activities in 2008

The Canadian Centre for Elder Law (“CCEL”) is the national, non-profit body dedicated to exploring the particular legal issues which affect older Canadians. Uncovering “hidden issues” is an important part of the work of the CCEL. These are legal issues that can dramatically affect older adults but may be buried beneath familial or systemic overlays. Typically these are also matters on which advice from a practicing lawyer is seldom sought. Identifying these issues and developing appropriate and sensitive ways of addressing them are important functions of the CCEL. Over the past year we have been active in both our community and the wider elder law field.

Canadian Conference on Elder Law

From November 13 – 15, the 4th annual Canadian Conference on Elder Law was held at the Sheraton Wall Centre in Vancouver by the Canadian Centre for Elder Law. The conference brought together lawyers, community members, health specialists, researchers, and older adults to examine legal issues affecting elders from around the globe. The conference, held in conjunction with the International Guardianship Network, drew experts from across Canada, the United States, Europe, the Caribbean, and Japan to discuss the themes of capacity, capability, support, guardianship, inter-jurisdictional recognition and law reform.

The conference began with a well-attended World Study Group, which is a forum in which academics from around the world can discuss developments within their jurisdictions. The event, hosted by Sue Field, was also the launch of the first book published about Elder Law theory, which is edited by Dr. Israel Doron.

The bulk of the conference was dedicated to discussing adult guardianship legislation. Special attention was made to the upcoming changes in British Columbia’s guardianship regime. Jay Chalke, QC, the Public Guardian and Trustee of BC and Dr. Robert Gordon gave a legislative update on the potential changes to guardianship, personal care planning, and care facility admission once Bill 29 is brought into force. International guardianship recognition, and the ‘portability’ of guardianship plans across borders was also discussed. This is an area of growing importance as older Canadians and Americans choose to split their time between two residences to avoid extreme weather. These ‘snowbirds’ may have difficulty navigating through the different laws that vary internationally, and within nations such as Canada, the United States, and Australia.

The conference was highlighted by addresses from speakers such the Honorable Alexa McDonough, as well as media mogul Moses Znaimer. Ms. McDonough, a former member of parliament and leader of a national political party, has been very active in the area of Elder rights. Mr. Znaimer has recently become the president of the Canadian Association for Retired Persons, and in that capacity gave a dynamic dinner address followed by questions and answers from the attendees.

For more information on past and future conferences, or to access conference materials please visit our website at www.bcli.org/ccel.

Canadian Journal of Elder Law

The CCEL has finished the inaugural issue of the Canadian Journal of Elder Law, which is an academic journal. The CJEL is the only Canadian peer-reviewed journal focussd on elder law issues. Its goal is to promote the scholarly exploration of issues of law and aging.

The CJEL publishes manuscripts on law reform, elder law issues, the intersection of law and policy, and other issues of key consideration for lawyers practising in this area of law. The scope of this journal makes it an excellent publication for lawyers practising in the areas of wills, estates, trusts, pensions and benefits, health law, family law, long-term care, guardianship, and inter-jurisdictional law.

Many of the materials published in the CJEL were preliminarily developed at various Canadian Conferences on Elder Law. The CJEL accepts scholarly peer-reviewed submissions from academics, as well as non-peer reviewed material for its "notes" section and an "international updates" section. Published articles and notes are of specific interest to scholars and practitioners in the areas of law, gerontology, social work, bio-ethics, medical ethics, and health or medicine. For more information on the journal, or to read abstracts please visit our website at www.bcli.org/cjel.

Assisted Living

This December the CCEL published a discussion paper on Assisted Living. It provides a starting point to engage in a national conversation about a critical “middle option” of health / housing in Canada. This middle option, labelled supportive housing / assisted living (SH / AL) in this project, lies at the centre of a seniors’ housing continuum that is bookended by independent living at one end, and high care long-term residential facilities at the other. While SH / AL varies in lexicon and substance across Canada, it is often broadly described as independent living that includes some forms of personal and health care services.

SH / AL is already of significant concern to Canadians, and with the impending “age wave” will only be more so in the immediate future. It is clear that Canadians will need to find legislative and regulatory systems that make sense and govern the entire “field” of issues, while at the same time staying true to the chosen philosophical underpinnings of SH / AL.

In order to achieve this, a more focused discussion on the needs of residents and operators must begin. The paper brings key past, current, and, selected future trends in SH / AL together to prompt discussion and to assist in creating a common understanding of challenges. This is crucial due to the fact that the laws and policies governing SH / AL in Canada are fragmented, jurisdictionally bound, and difficult to grasp for layperson and professional alike. A snapshot and analysis of key provincial and national legislative issues are provided in this paper.

This Discussion Paper briefly overviews some of the political and social evolution of seniors’ housing in Canada. While modern SH / AL is still a relatively novel concept, it has been evolving over the course of the last century. The paper maps social housing’s evolution through the depression, the disability rights movements of the 1970s and 80s, and up to the present day.

Second, it reviews some key elements of a comprehensive legislative scheme for SH / AL. This includes the discussion of a scenario that highlights some typical legal issues and concerns that may arise.

Third, this Discussion Paper reviews key legislative governance across Canada. This highly detailed analysis makes up the bulk of the paper. The legislative scheme in all 13 jurisdictions in Canada are examined with reference to the following criteria:

1. Main Legislation
2. Ancillary Legislation
3. Lexicon / Parameters of Care (Lesser Care / More Care / Most Care)
4. Residential Tenancy Legislation Applicability
5. Consumer Protection
6. Funding
7. Complaints / Dispute Resolution
8. Staffing Indicators
9. Entry / Exit Criteria

Fourth, an analysis of common themes across jurisdictions will be considered. These themes are identified and discussed by asking three important questions:

A. Whose responsibility is it and who is providing services?
B. Can old and new models exist harmoniously in the same jurisdiction?
C. How does regulation and philosophy co-exist?

Fifth, some emergent future legal issues in SH / AL are suggested. Issues of growing importance such as smoking, gay, lesbian and bisexual issues, transgendered issues, physical or mental challenges, and alcohol and drug use are all discussed. The Discussion Paper will suggest a series of questions to prompt further consideration of these issues, which are integral to the underpinning philosophy of independence that SH / AL.

This Discussion Paper concludes by asking a series of questions, and inviting input and consultation on these questions and other issues not specifically raised, in order to better inform the process. The scope of the project is to indentify issues and engage in comparative research, but does not extend to creating draft legislation.

The paper can be downloaded at our website, and we are accepting responses to the paper until March 31, 2009.

Other Projects

The CCEL has been working on other major projects throughout the year. Some projects that have been ongoing relate to Advance Care Planning, Elder and Guardianship mediation, and elder abuse and neglect. The CCEL is also finishing a Provincial Strategy Document on Vulnerability and Capacity issues in British Columbia.

Outreach and Support

At the CCEL we work with local community partners to further our mandate. A recent example of this is recent work we have done with the BC Coalition to Eliminate Abuse and Neglect of Seniors (“BCCEAS”).

Changing demographics make it inevitable that Elder Law is an area of significantly increased importance. The dedicated national focus that the CCEL brings to this area is unique in Canada and promotes the development of Elder Law as a coherent body of knowledge and law. The overarching goal of the CCEL is to provide a nexus between older adults and the law, to create a positive impact on Canadian society and in the field of elder law generally.

Laura Watts & Christopher Bettencourt


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