CLE Online

Thursday, November 14, 2019

Welcome and Land Acknowledgement

Alec Dan — Musqueam Knowledge Keeper, Musqueam Indian Band
Jan Goddard — Goddard Gamage LLP, Toronto
Hugh S. McLellan — McLellan Herbert, Vancouver
Geoffrey W. White — Geoffrey W. White Law Corporation, Counsel, Clark Wilson LLP, Kelowna & Vancouver

Opening Address: Reflections on the Ontario Public Inquiry Into Long-Term Care

The Honourable Justice Eileen E. Gillese — Ontario Court of Appeal, Toronto

Legal and Policy Issues in Long-Term Care

• use of anti-psychotics in long-term care
• consent to treatment
• policy and practice regarding deaths in long-term care
• review of BC's new legislative provisions regarding care facility admission

Moderator: The Honourable Justice Eileen E. Gillese — Ontario Court of Appeal, Toronto
Jane E. Meadus — Advocacy Centre for the Elderly, Toronto
Penny A. Washington — Norton Rose Fulbright Canada LLP, Vancouver
Scott Wingrove — Manager, Strategic Policy, Seniors Services, Specialized Services Division, BC Ministry of Health, Victoria

Break

Concurrent Sessions A:

Elder Law Case Update (Webinar Session)

• review of various cases from across Canada relevant to an elder law practice, including predatory marriage, detention of vulnerable adults, and elder abuse

Emily Clough — Clark Wilson LLP, Vancouver

Elder Law in a Small Town (Webinar Session)

• wills and estates issues on reserve
• access to justice issues for Elders and sick people on reserve
• death bed wills
• the role of Indigenous Affairs in estate administration

Linda D. Locke, QC — Upper Skeena Counselling and Legal Assistance Society, Hazelton

OR

The Gregory K. Steele Student Paper Prize in Elder Law — Creating a Specialized Decision-Making Body for Guardianship Matters: A Path to Explore a Better Protection of Incapable Persons

• outline of the adult guardianship regime in Quebec
• review of fundamental values underlying guardianship law
• review of systemic problems in the current application of the law and in the assessment of adults' incapacity and need for legal protection
• comparison of strengths and weakness of a court versus specialized decision-making body approach to adjudicating guardianship matters

Anne-Isabelle Cloutier, BCL/LLB Candidate — Faculty of Law, McGill University, Montreal

Balancing Risk and Self-Determination in Abuse, Neglect, and Self-Neglect Response

• the Adult Guardianship Act and the role of designated agencies in investigating reports of abuse, neglect, self-neglect, and in reaching decisions under the Act
• the limited "remedies" designated agencies under the Adult Guardianship Act can provide
• emergency intervention powers under the Adult Guardianship Act
• role of counsel representing concerned family members
• describe self-determination
• role of the Advocate for Service Quality
• share case example

Leanne Dospital — Advocate for Service Quality, Social Development and Poverty Reduction, Vancouver
Janina M. Kon — Senior Legal Counsel, Vancouver Coastal Health, Vancouver

Networking Lunch (Provided) with Keynote Speaker:
Ombudsman for Banking Services and Investments (OBSI) — How We Can Assist Your Clients

• outline of OBSI mandate and process
• when to refer to OBSI
• types of OBSI files involving older clients
• success stories of OBSI helping older client seek justice

Sarah P. Bradley — Ombudsman and Chief Executive Officer, Ombudsman for Banking Services and Investments (OBSI), Toronto

Concurrent Sessions B:

Understanding and Assessing (In)Capacity: A Practical Overview of the Process (Webinar Session)

• what does mental capacity mean from a clinical perspective
• when is a formal assessment indicated
• how is incapability assessed
• decision-specific versus domain-specific capacity
• review of incapability assessment in relation to BC's Adult Guardianship Act
• guidelines for reviewing an assessment

Dr. Deborah O’Connor — Co-Director, Centre for Research on Personhood and Dementia, and Professor, School of Social Work, University of BC, Vancouver

Capacity to Retain and Instruct Counsel (Webinar Session)

• practical strategies for working with clients with capacity issues
• representation agreements to support the conduct of litigation
• role of section 3 counsel in Ontario
• planning the conduct of a file around fluctuating capacity

Clare Burns — WeirFoulds LLP, Toronto
Kevin Love — Community Legal Assistance Society, Vancouver

Break

Advance Planning with Adults with Intellectual Disabilities (Webinar Session)

• gaps in legal planning which heighten vulnerability
• strategies for working collaboratively with family and local agencies to support capacity and informed decision-making
• analyzing needs through an inter-sectional approach that considers services related to both aging and disability
• tips for supporting successful planning

Laurie Geschke — Educator, Facilitator, Advisor, Lifetime Member of PLAN, Maple Ridge
Barb Goode — Self-Advocate, Director of PLAN, Burnaby —
supported by Jule Hopkins — Family Advocate, PLAN, Richmond
Ken M. Kramer, QC — KMK Law Corporation, Vancouver
Jack Styan — VP Strategic Initiatives, Community Living BC, Vancouver

Elder Abuse: Civil and Criminal Remedies

• review of recent cases
• outline of various civil remedies

Kimberly A. Whaley — Whaley Estate Litigation Partners, Toronto

OR

Elder Mediation Workshop (enrollment is limited, advance registration is required by contacting Joan Braun at registration@vistalawgroup.ca)

This workshop explores how to resolve intra-family conflicts that involve elder care or financial planning issues. The workshop has two components. Presentations on issues pertinent to elder mediation and an opportunity to practice skills essential to elder mediation.

Presentations:

The Benefits of Mediation Over Litigation for Resolving Elder Law Issues

The Honourable Marion J. Allan — Retired Supreme Court of BC Justice and retired mediator, North Vancouver

Understanding Dementia in the Mediation Context

Katie Hoy — Provincial Coordinator, Advocacy & Public Policy, Alzheimer Society of BC, Vancouver
Barbara J. Lindsay — Director, Advocacy & Education, Alzheimer Society of BC, Vancouver

How to Apply Substantive Mediation Competencies in an Elder Mediation Context

Joan Braun — Lawyer & Mediator, Vancouver
Vivian A. Kerenyi — Lawyer & Mediator, Vancouver

Skills Component:

• • strategies for dealing with issues unique to elder mediation  
  • screening for elder abuse
  • accommodating disability in mediation
  • demonstration of elder mediation through role play
  • small group exercises to apply skills

Chairs' Reception
Pan Pacific Hotel, Cypress Room

Friday, November 15, 2019

Welcome and Introduction

Alec Dan — Musqueam Knowledge Keeper, Musqueam Indian Band
Jan Goddard — Goddard Gamage LLP, Toronto
Hugh S. McLellan — McLellan Herbert, Vancouver
Geoffrey W. White — Geoffrey W. White Law Corporation, Counsel, Clark Wilson LLP, Kelowna & Vancouver

Access to Justice for Older People in Canada

• what progress have we made in improving access to justice?
• why is more not being done?
• what are the particular access to justice challenges facing the elderly?

The Honourable Thomas A. Cromwell, CC — Borden Ladner Gervais LLP, Ottawa & Vancouver

A New Made-in-Canada Model for Elder Abuse Response?

• BC and Ontario elder abuse response models
• ethical challenges for lawyers and others
• themes in research on effective model world-wide
• ideas for Canada to consider

Laura Tamblyn Watts — Fellow, Institute for Lifecourse and Aging, University of Toronto, Toronto

Break

Debate: Be it Resolved that Long-Term Care Residents Should be Permitted to Use Cannabis in their Homes

Pro:
Jennifer Baumbusch, RN, PhD — Associate Professor, School of Nursing, University of BC, Vancouver
John W. Conroy, QC — Conroy & Company, Abbotsford

Con:
Al Jina, CEO — Park Place Seniors Living, Vancouver
Kyla Lee — Acumen Law Corporation, Vancouver

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

Role of Indigenous Elders in Justice

• overview of First Nations courts in BC and Canada
• Indigenous Elders as decision-makers
• Indigenous problem-solving approaches to conflict resolution and healing

Dr. Shelly Johnson/Mukwa Musayett — Canada Research Chair & Associate Professor and Director, Centre for Indigenizing Higher Education, Faculty of Education and Social Work, Thompson Rivers University, Kamloops

Networking Lunch (Provided) with Keynote Speaker:
Report on Aging and Dying in Prison

• demographics of federal correctional facilities
• challenges to addressing the health and medical needs of older adult offenders in custody
• safety issues of older adult offenders living in custody
• end of life care in prison
• duty to accommodate older offenders

Dr. Ivan Zinger — Correctional Investigator of Canada, Ottawa

Human Rights for People Living with Dementia

• introduction of Alzheimer Society of Canada Charter of Rights for People Living with Dementia
• how all of us shift our practice to give life to these rights
• reframing health care and service access issues through a human rights lens
• how to file a human rights complaint in BC

Moderator: Emily Clough — Clark Wilson LLP, Vancouver

Mario Gregorio — person living with dementia, Burnaby
Barbara J. Lindsay — Director, Advocacy & Education, Alzheimer Society of BC, Vancouver
Jane E. Meadus — Advocacy Centre for the Elderly, Toronto
Laura Track — Community Legal Assistance Society, Vancouver

An Elder Law Toolkit

• a tour of a curated collection of various checklists, handouts, and resources to support your practice
• review of key booklets and other resources to which to refer your clients

Kevin R. Smith, LLM (Elder Law) — Consultant, Vancouver

Break

Undue Influence—"Please," "Unless" or Something Else?

• legal analysis
  • making wills
  • making gifts
• medical analysis
  • role of the medical expert
  • vulnerability, susceptibility—subversion of will
  • cognition, mental health issues that impact on undue influence

Deidre J. Herbert — McLellan Herbert, Vancouver
Dr. Kenneth Shulman — Sunnybrook Health Sciences Centre, University of Toronto, Toronto

The Inter-Generational Workplace

• an update on the law of age discrimination in employment
• how family status discrimination applies to employees with elder care responsibilities
• the intersection between age discrimination and disability
• how inter-generational conflict can manifest in bullying and harassment issues
• how to accommodate older employees and properly consider both performance management and bona fide occupational requirements
• how the prohibition on age discrimination affects pension and health benefits

Menachem Freedman — HHBG Lawyers, Vancouver
M. Ashley Mitchell — Miller Thomson LLP, Vancouver
Kirsten Hume Scrimshaw — Ally Workplace Law Corporation, Vancouver

Closing Remarks

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