Canadian Elder Law Conference - Day 1


Course Date: November 02, 2017

Total: 5h 57min

Day 1: Thursday, November 2

Welcome and Introduction

Jan Goddard — Goddard Gamage LLP, Toronto
Hugh S. McLellan — McLellan Herbert, Vancouver

Geoffrey WWhite — Geoffrey W. White Law Corporation, Counsel, Clark Wilson LLP, Kelowna & Vancouver

Opening Address: Consent: Same Standards For All Ages

Isobel Mackenzie — Seniors Advocate, Province of British Columbia, Victoria

Introduction of Platinum Sponsor: Vancity

Catherine Ludgate — Manager, Community Investment, microfinance, financial literacy, anti-poverty work, Vancity

Medical Assistance In Dying (MAID) — Physician Experiences On The Ground

  • MAID practice standards
  • MAID oversight and reporting
  • assessments
  • provision of MAID
  • challenges providers and patients face
  • what lawyers need to know when they are advocating for their clients
  • how conscientious objection is operationalized

Dr. Heidi Oetter — Registrar and Chief Executive Officer, College of Physicians and Surgeons of British Columbia, Vancouver
Dr. Ellen Wiebe — Clinical Professor, Department of Family Practice, University of British Columbia, Vancouver

Networking Break 

What's Capacity Got To Do With It? Modernizing Decision Making With Meaningful Law Reform

  • what did the Law Commission of Ontario hear during its consultations?
  • the big 3: access to justice – resolving guardianship and capacity disputes; supported and substitute decision making; powers of attorney
  • what did they recommend and why?
  • perspectives from BC and Australia — comparisons, insights, and lessons learned

Kathleen Cunningham — Executive Director, British Columbia Law Institute, Vancouver
Malcolm Schyvens — Deputy President, Division Head — Guardianship Division, NSW Civil and Administrative Tribunal and Chair — Australian Guardianship and Administration Council, Sydney, New South Wales
Nye Thomas — Executive Director, Law Commission of Ontario, Toronto

Laura Tamblyn Watts (Moderator) — CCEL Staff Lawyer and LCO Advisory Committee Member, Toronto

Concurrent Sessions A

Capacity, Undue Influence, And Independent Legal Advice: HowTo Interview and When To Insist On Independent Legal Advice

Webinar Session

  • surrounding circumstances that a lawyer should be mindful of
  • how to conduct interviews to elicit key relevant information
  • what is required to rebut presumptions of undue influence and/or establish capacity
  • when to act/not act for older clients on a joint retainer
  • when to insist on independent legal advice (ILA)
  • the standard of care in providing ILA

Sara Beheshti — O’Sullivan Estate Lawyers LLP, Toronto
Stanley Rule — Sabey Rule LLP, Kelowna
Kimberly A. Whaley — WEL Partners, Toronto

Adult Protection: Findings From A Research Study Examining Implementation/Awareness Of British Columbia's Adult Guardianship Act

  • BC’s distinctive adult protection scheme: Part 3 of the Adult Guardianship Act
  • summary of research  project: gathering information about current implementation by health authorities and awareness/knowledge among legal professionals as community "gatekeepers"

Margaret I. Hall — Associate Professor, Faculty of Law, Thompson Rivers University, Kamloops

AND

Is The Law Of Evidence Ready For The Aging Population?

  • how aging can interfere with the ability to participate in a trial
  • procedural and legal tools available to accommodate seniors who experience limitations
  • case law review suggests available accommodations are rarely used for older adults

Helene Love — SJD Candidate, University of Toronto, Faculty of Law, Toronto

Networking Lunch (Provided) With Keynote Speakers: 
Implicit Bias And The Elderly Client: What Conflict Resolvers Should Know

  • what lawyers need to know about capacity when taking instructions from elderly clients
  • the struggle between "protecting" the elder client and supporting her right to be independent
  • the advantages of mediation to resolve disputes involving an elderly client
  • the concept of implicit bias: its origins and examples
  • age and aging: debunking prevalent myths
  • working with the elderly client: what to keep in mind
  • how to ameliorate bias: some insights from recent research

The Honourable Marion J. Allan — Clark Wilson LLP, Vancouver
Anita Dorczak, MA, LLB, PhD, PC, Cert. EM, CLP
 — Lawyer & Mediator, Westbrook Law & Mediation Centre, Edmonton

Isolation, Loneliness, Neglect, and Self-Neglect: Ethical and Practical Issues For Lawyers                   

  • the lawyer’s ethical obligations when suspecting neglect or self-neglect
  • how far to go in providing assistance or support
  • questions to ask when exploring concerns about an older person
  • respectful and non-ageist practice
  • key resource agencies for referral

Joan Braun — Mediator and Lawyer, Vista Law Group, Vancouver
Barbara K. Buchanan, QC — Practice Advisor, Law Society of BC, Vancouver
Alison Leaney — Provincial Coordinator, Vulnerable Adults Community Response, Services to Adults, Public Guardian and Trustee of BC, Vancouver 

Networking Break                                    

Concurrent Sessions B

Legal Routes For Intervention In Instances of Self-Neglect In BC: Mental Health Act vs. Adult Guardianship Act 

Webinar Session

  • what is self-neglect
  • when might it be appropriate to intervene
  • when might the Mental Health Act Adult Guardianship Act apply
  • what kinds of interventions are possible under each legal regime
  • what rights does a person have to resist or challenge intervention under either law
  • review of scenarios to contrast the two regimes

Amanda Brown, MSW, RSW — Director, ReAct Adult Protection Program, West Community Health Centre, Vancouver Coastal Health, West Vancouver
Dr. Heather D’Oyley — Geriatric Psychiatrist, Vancouver Coastal Health, Vancouver
Laura Johnston — Lawyer, Community Legal Assistance Society, Vancouver

Legal Needs Of Older Adults Who Experience Elder Abuse: The Role Played By Non-Profit Organizations             

  • the role of non-profit organizations to counter elder abuse
  • the needs of older adults who experience financial abuse — especially the need for legal information
  • lawyers, and other professionals involved in law enforcement, as volunteers for non-profit organizations

Marie Beaulieu — Research Chair on Mistreatment of Older Adults, University of Sherbrooke, Sherbrooke

AND 

Inclusive Investing: Supporting Decision-Making For Investment Issues By People With Capacity Challenges

  • supported decision-making in Canada and the interaction with powers of attorney
  • working with supported decision-making documents such as representation agreements
  • ethical issues related to fiduciary duty - concerns around undue influence and elder abuse
  • new tools and checklists to support professional practice on investments and supported decision-making
  • linkages between banking and investment issues related to mental capacity

Laura Tamblyn Watts — CCEL Staff Lawyer and LCO Advisory Committee Member, Toronto 

The Australian Guardianship Tribunal System: Lessons To Share With Canada

  • overview of the Australian guardianship landscape
  • substitute decision making in Australia and the role of tribunals
  • the workings of the Guardianship Division of the NSW Civil and Administrative Tribunal
  • the future — calls for reform

Malcolm Schyvens — Deputy President, Division Head — Guardianship Division, NSW Civil and Administrative Tribunal and Chair — Australian Guardianship and Administration Council, Sydney, New South Wales 

Closing Remarks

Jan Goddard — Goddard Gamage LLP, Toronto
Hugh S. McLellan — McLellan Herbert, Vancouver
Geoff WWhite — Geoffrey W. White Law Corporation, Counsel, Clark Wilson LLP, Kelowna & Vancouver