BCLI & CCEL Issue Study Paper On Health Care Consent and Capacity Assessment Tribunals

BCLI and CCEL have released the Study Paper on Health Care Consent and Capacity Assessment Tribunals, which examines informal tribunals operating in Canada and Australia that review findings of mental incapacity to consent to health care or admission to a care facility and resolve disputes about substitute decision-making in health care. The study paper follows a recommendation made in the earlier CCEL Report Conversations About Care calling for robust research into non-court mechanisms for providing Read more

The House of Commons Justice and Human Rights Committee Examines Elder Abuse

Introduction The House of Commons Standing Committee on Justice and Human Rights (“JUST”) reports on and reviews different policies, programs, and other plans for the House of Commons. The committee has completed a wide range of work, including examining the impact of COVID-19 on the judicial system and considering how the pandemic has increased intimate partner violence. Much of the committee’s work concerns criminal law reform. Currently, the committee is conducting a Study of Elder Read more

BCLI Reflects on the Protection of Indigenous Children

BCLI Executive Director And Emily Clough, Chair, BCLI Board   The BCLI has been reflecting on the news last week that the remains of 215 children were found at the Kamloops Indian Residential School, on the lands of the Tk̓emlúps te Secwépemc First Nation. The laws of British Columbia and Canada allowed for the creation of residential schools that separated children from their families. The last residential school in Canada closed in 1996. Six years Read more

A closer look at the Report on Pension Division: Locked-in retirement accounts and life income funds

This post is part of a series highlighting key recommendations in the Report on Pension Division: A Review of Part 6 of the Family Law Act. For other posts in the series click here. Brief description of the issue Since the advent of the Family Law Act, case law has consistently held that locked-in retirement accounts and life income funds should be divided under part 5 of the act. Should the act be amended to change this Read more

New BCLI publications call for reforms to the child protection framework and review of legislation on youth aging into the community

The British Columbia Law Institute has just published the Report on Modernizing the Child, Family and Community Service Act and the Study Paper on Youth Aging into the Community. With these two publications the work of BCLI’s Child Protection Project Committee has drawn to a close. This committee met 19 times, considered 48 submissions in a public consultation, and developed two publications to meet distinct goals: one providing detailed recommendations for legislative reform, the other Read more