The post CCEL 12. Study Paper On Supporting Vulnerable Victims & Witnesses first appeared on British Columbia Law Institute.

The post 98. 2023 Annual Report first appeared on British Columbia Law Institute.

In consideration of BCLI’s ongoing work as part of the Renovate the Public Hearing Project, this legislative comment will outline changes to the public hearings process introduced by the Act and consider the reasons for amendment and the consequences for public engagement going forward.

What Amendments Does the Act Make to Public Hearings?

Section 464 of the Local Government Act requires municipalities and regional districts throughout BC to hold a public hearing before they adopt an official community plan (OCP) bylaw or a zoning bylaw. The statute is clear that the purpose of holding a public hearing in these circumstances is to “[allow] the public to make representations to the local government respecting matters contained in the proposed bylaw.” Prior to the introduction of Bill 44, the Local Government Act provided one exception to this rule, allowing local governments the option to hold a public hearing on a proposed zoning bylaw if the bylaw was consistent with the area’s official community plan. Local governments were required to provide notice under section 467 when they chose to waive a public hearing according to this provision.

Changes introduced by the Housing Statutes (Residential Development) Amendment Act now limit the discretion that was previously afforded to local governments. Amendments to section 464 now state that a local government cannot hold a public hearing in two specified circumstances: first, where a proposed zoning bylaw permits residential development that is consistent with an existing OCP, and second, where a proposed bylaw relates to small-scale multi-family housing developments. Bylaws that permit the development of mixed-use projects are expressly caught by the first of these exceptions, so long as the residential portion of the development accounts for 50% or more of the total development area. Other amendments now require local governments to give notice when they are prohibited from holding a public hearing. The content of the notice to be given is the same as that required where a local government elects to not hold a public hearing.

Similar amendments have also been made to the Vancouver Charter. Like section 464 of the Local Government Act, section 566 of the Vancouver Charter requires Vancouver City Council to hold a public hearing before it “make[s], amend[s], or repeal[s]” a zoning bylaw. However, unlike the Local Government Act, the Charter does not include a provision that offers City Council the choice to waive a public hearing. Rather than limit any existing discretion, then, amendments introduced by the Housing Statutes (Residential Development) Amendment Act instead create a new exception where public hearings cannot be held. Specifically, amendments to section 566 now state that Council “must not” hold a public hearing on a zoning bylaw that relates to the development of small-scale multi-family housing. A framework for such zoning has been expressly set out in the addition of sections 565.03-565.09 to the Charter. As with the Local Government Act, Council is also required to give notice when they are prohibited from holding a public hearing.

What is the Reasoning Behind These Changes?

The Provincial Government introduced Bill 44 to streamline residential development and support the delivery of more homes, all in an effort to combat the housing crisis in BC. It is expected that these amendments to the public hearings process will aid in that goal. As the Minister of Housing, Ravi Kahlon, explained when introducing the bill for second reading on 7 November 2023, “public hearings can slow down getting approvals for new homes, delaying construction and adding costs to housing. These delays often result in fewer units being built or in developers making the units more expensive, to offset the added costs.” By barring local governments from holding public hearings on zoning bylaws that conform to an existing OCP, the Provincial Government seeks to eliminate redundant processes and increase efficiency in residential development.

What Are the Implications for Public Engagement?

Changes introduced by the Housing Statutes (Residential Development) Amendment Act do not seek to deny public engagement opportunities. Although local governments are now prevented from holding public hearings in prescribed circumstances, a public hearing remains mandatory where a local government seeks to adopt an OCP or a zoning bylaw that does not conform to an existing OCP (including where an OCP is not in place). In Vancouver, meanwhile, public hearings will remain mandatory for all zoning bylaws that do not concern small-scale multi-family housing.

Alternative forms of public engagement also remain available in those cases where public hearings cannot be held. The Local Government Act, for instance, still requires local governments to provide opportunities for consultation in the development of an OCP. This means that public engagement is not lost where local governments are precluded from holding public hearings. Rather, public engagement will take place earlier in the land use development process. And although other processes for public engagement are not mandated by legislation, they may well take on increased significance as the new framework comes into effect. In cases where public hearings cannot be held, the requirement for local governments to give notice will also ensure that residents remain informed of the developments taking place in their communities as projects proceed forward.

Even in the face of these statutory reforms, public hearings remain an important tool for public engagement and will continue to occur. There is still room, therefore, for discussion of the public hearing’s place in land use planning, and of public engagement more broadly. This is something that BCLI will be exploring further in its upcoming Renovate the Public Hearing Project consultation paper, due for release next week.

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The Gathering is a partnership between the provincial government and the First Nations Leadership Council, which is comprised of the BC Assembly of First Nations, the First Nations Summit, and the Union of BC Indian Chiefs. It is designed to recognize, respect, and advance government-to-government relationships and facilitate joint dialogue and collaboration in support of reconciliation. The record number of attendees at this year’s Gathering represented 193 First Nations and organizations and included Grand Chief Stewart Phillip from the Union of BC Indian Chiefs, Robert Phillips from the First Nations Summit, Regional Chief Terry Teegee from the BC Assembly of First Nations, BC Premier David Eby, Attorney General Niki Sharma, and the Minister of Indigenous Relations and Reconciliation, Murray Rankin.

BCLI’s Executive Director, Karen Campbell, and BCLI staff lawyer and Reconciling Crown Legal Frameworks (RCLF) program lead, Megan Vis-Dunbar, represented BCLI on the convention floor. They engaged with attendees and promoted the RCLF program by sharing copies of the five reconciliation primers and information about some of the program’s upcoming work, including a study paper on Indigenous Courts. A significant moment for BCLI came when the reconciliation primers were highlighted in a presentation by Minister Rankin, who encouraged delegates to pick up copies.

BCLI is grateful to have had this opportunity to strengthen our relationships with First Nations leaders and government ministers. We are thankful for the positive feedback we received throughout the event, and we look forward to building on the connections we made as we continue to develop our reconciliation work.

The post BCLI attends BC Cabinet & First Nations Leaders’ Gathering 2023 first appeared on British Columbia Law Institute.

What are the key services the Alzheimer Society of B.C. provides?

Working in communities throughout the province, the Alzheimer Society of B.C. supports and advocates for and with people affected by dementia. We enable research into the disease, which includes collaborating with municipalities and businesses to build communities that are inclusive, supportive and accessible for people living with dementia. Through the Dementia-Friendly Communities initiative and close work with health authorities and care providers, the Alzheimer Society of B.C. helps to connect people to the services they need and ensure health-care providers have the skills and knowledge to provide the best care possible, through access to person-centred dementia education. We also work closely with advocates with lived experience to ensure their voices are heard by leaders and policy makers at the municipal, provincial and federal levels.

Through the Alzheimer Society of B.C.’s suite of First Link® dementia support services, the Society provides:

• Individual support: Ongoing support calls to identify changing needs and offer information and resources tailored to each unique situation; 
• Support groups: In-person and online groups for caregivers and people in the early stages of dementia to learn from and connect with others in a similar situation;
• Dementia education: Workshops and weekly webinars on a wide variety of topics from diagnosis to end of life;
• Minds in Motion®: A social and fitness program for people in the early stages of dementia and a care partner, based in community centres;
• Coffee and Chat: A social program for people in the early stages of dementia and caregivers to have fun while connecting with others in a similar situation;
• Information: Resource handouts, brochures, fact sheets and videos, as well as quarterly newsletters containing updates on events in a specific area; and
• First Link® Dementia Helpline: A centralized access point for dementia information and support for anyone affected by dementia, personally or professionally. Learn more here.

What are the connections or interactions between the Alzheimer Society of B.C. and the law?

The Alzheimer Society of B.C. supports and educates families in planning for the future, including legal and financial needs. Connecting with partners such as the CCEL is a way to provide the families support with meaningful and accessible information from experts through workshops. The Society also works directly with organizations and businesses who engage with families affected by dementia – including law firms – to develop dementia-friendly practices. Partnering with the CCEL has been an opportunity to educate lawyers about the impact of legislation, regulations and policy on people with lived experience of dementia, while also being able to contribute to and influence law reform – an essential component of improving the lives of people affected by dementia.

Why is the Canadian Elder Law Conference important to the Alzheimer Society of B.C.? Do you have any topics from past conferences that you found stuck with you?

The Alzheimer Society of B.C. appreciates opportunities to share its vision and mission with a wider audience of people interested in issues affecting our aging population, as well as being able to share dementia-friendly practices and amplify the voices of people with lived experience.

Anything else you want to attendees/potential attendees to know about the Alzheimer Society of BC and their efforts in serving an aging population?

The Alzheimer Society of B.C. believes that people living with dementia are individuals with the same human rights as everyone else, including the right to form their own opinions and participate in decisions about their life and care. It is essential that people living with dementia and their families and caregivers be consulted in discussions as well as legislative or procedural decisions on topics that affect them. The Society respects the right of all people living with dementia to advocate for their personal best interests; we are here to provide people living with dementia with support and information so that they can make informed decisions about their care, including end of life. We encourage people living with dementia to engage in personal planning and make their wishes for health and personal care decisions known to their family members and substitute decision-makers as soon as possible after diagnosis. Ensuring lawyers see that a diagnosis of dementia does not mean one loses the ability to make or communicate a decision – and that patience, respect and making space for the person living with dementia, is critical to ensuring the person living with dementia retains their right to express their own choices.

The post CCEL Spotlight: Alzheimer’s Society of B.C. first appeared on British Columbia Law Institute.