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.

We have a few days to go until the 2023 Canadian Elder Law Conference on Thursday, the first to be in-person since 2019. The speakers are preparing to share their knowledge and CLE BC has been working hard to make sure things run smoothly for those in-person and online. One aspect that makes the Canadian Elder Law Conference unique is the emphasis on an inter-disciplinary attendance. Bringing these different perspectives allows for interesting perspectives and dialogue on the issues affecting older persons.

Making these different perspectives possible are amazing supporters of the Canadian Elder Law Conference. We would like to take a moment to thank the organizations committed to supporting the inclusion of attendees from non-profits, the health care profession, and students. Without their longtime support of the Canadian Elder Law Conference, we would not have as vibrant discussions and forward-looking thought to this unique and intersecting area of law.

The post Thanks for Supporting the CCEL first appeared on British Columbia Law Institute.

On October 26, 2023, the Money Judgment Enforcement Act (Bill 27) received royal assent. First introduced in May 2023, this legislation implements recommendations made by BCLI in its 2005 report based on the Uniform Law Conference of Canada’s Uniform Civil Enforcement of Money Judgments Act. We are heartened to see that our work from such a significant project has been implemented by the BC Government. Although many years have passed since the report was published, we take this as a reminder that law reform often requires taking durable, long-term approaches. The Act is set to enter into force in 2025.

On November 1, 2023, the Legislative Assembly also introduced Bill 43, the Money Judgment Enforcement Consequential Amendments and Transitional Provisions Act. This bill builds on Bill 27 by introducing 74 legislative amendments that are necessary for the Money Judgment Enforcement Act to be effectively enforced.

The Ministry of Attorney General explained some of the changes that are to be made to the money judgments enforcement process in its media release earlier this month:

One important change will make it possible for monetary orders from the CRT [Civil Resolution Tribunal] to be directly registered in a new money judgment registry. The CRT will also be authorized to register a judgment on behalf of a successful party, making it easier for CRT clients to collect their judgments.

The transition provisions will ensure that people can choose to continue to use a writ of seizure and sale or collect money from a garnishing order they obtained before the Money Judgement Enforcement Act came into force. If a writ expires after one year and a judgment is not satisfied yet, it will transition to the Money Judgment Enforcement Act. At the same time, a person can choose to transition to the new act even if the writ has not expired.

Most of the other changes replace references to the Court Order Enforcement Act with references to the Money Judgment Enforcement Act. Other changes include replacing references to outdated ways of enforcing a money judgment (such as a writ of seizure and sale), with “enforcement proceedings” under the Money Judgment Enforcement Act.

The post BCLI welcomes updates to money judgments enforcement legislation first appeared on British Columbia Law Institute.

When asked about her involvement with the BC Securities Commission, she told us she has always had an interest in investing, starting with her university education and early work in securities. Ms. McDonald worked in the financial communications sector, leading her to a longtime career in communications and public affairs.  When the opportunity arose for her to combine her passion for communications work and interest in the investment industry, Ms. McDonald jumped at it, becoming the Director of Communications & Education at the BC Securities Commission in 2013.  

We asked Ms. McDonald how the BC Securities Commission is involved in Elder Law and her answer was an important call to action: 

“We want all British Columbians to recognize the signs of elder financial abuse which is one of the most commons forms of elder abuse. In 2021, a national study conducted by the Canadian Securities Administrators (CSA) to understand how elder financial abuse impacts Canadians, found that one third (31%) of British Columbians personally know someone who experienced elder financial abuse. At the same time, half of all British Columbians (50%) say they could not recognize the signs of financial abuse, while only 42% know where to report incidents of financial abuse. These statistics inform the work done by the BC Securities Commission to empower all British Columbians to recognize, reject, and report elder financial abuse and investment fraud by learning how to recognize common warning signs.” 

The BC Securities Commission provides helpful information on identifying elder financial abuse on their website, including an informative video that explains what financial elder abuse is and how to help protect older adults from investment fraud.  

Ms. McDonald went on to discuss with us the Trusted Contact Person (TCP) initiative recently adopted by Canadian securities regulators as an important tool for protecting individuals from potential financial abuse. Ms. McDonald explained, “A TCP may be a family member, attorney, accountant, or another responsible person who respects an individual’s privacy and has their best interests at heart. When naming a TCP, individuals will provide written consent for this person to be contacted, in limited circumstances, if there are suspicions about investment fraud or if their advisor has concerns about one’s ability to make financial decisions and has been unable to reach their client about investment fraud or if their advisor has concerns about one’s ability to make financial decisions and has been unable to reach their client.” 

Opportunities for the BC Securities Commission to discuss elements of elder law, including estate planning, capacity, and inter-family dynamics, with other professionals is key to ensuring awareness of the occurrence of financial abuse. Part of this awareness is encouraging inter-professional dialogue to help prevent financial abuse but also involvement of the BC Securities Commission in situations where financial abuse may have occurred.  

The BC Securities Commission is a Silver sponsor for the Canadian Elder Law Conference and sees the Conference as an opportunity to further these conversations, with Ms. McDonald noting, “Elder financial abuse often involves a family member, so we feel it’s important for professionals who are assisting in these matters to be aware of the issue. This year’s conference theme is “Tools for Aging Populations,” and we see value in the multi-disciplinary presentations and discussions about ethical issues faced by the legal community when dealing with elder financial abuse.” 

The post Preventing Financial Abuse: Role of the BC Securities Commission first appeared on British Columbia Law Institute.

Meeting these legal obligations will require collaboration between Indigenous and Crown governments as well as the building and maintaining of respectful relationships between different and distinct systems of law. Legal pluralism offers a useful framework to demonstrate ways in which people manage differing systems of law and jurisdiction.

The BCLI has released three new primers on legal pluralism to support legal practitioners and those in the legal/policy community working with Crown law institutions in understanding some of the ways in which multiple systems of law can operate together.

Primer 3, Legal Pluralism in Canada looks at the way in which the Canadian state has always recognized coexisting sources of law, for example provincial and federal sources of law. Understanding the arrangements that Crown laws already use can support their application to other legal relationships.

Primer 4, Legal Pluralism: Indigenous Legal Orders & Other State Jurisdictions explores ways in which other state jurisdictions have built frameworks for the operation of state and Indigenous laws through state constitutions, state legislation and state court procedures.

Primer 5, Legal Pluralism: Indigenous Legal Orders & Canadian State Law is a collaborative publication with the Indigenous Law Research Unit at the University of Victoria. It explores the interactions of different systems of law and jurisdiction in what is now known as Canada from two perspectives: 1) as between Indigenous legal orders and 2) as between the Canadian state and Indigenous legal orders.

With the adoption of the Declaration Act and recent amendments to the BC Interpretation Act, legal practitioners must turn their minds to what it means to construe every act and regulation in a manner consistent with the UN Declaration. Lawyers will also be increasingly called upon to engage with non-state laws. These primers, together with our earlier primers on The UN Declaration on the Rights of Indigenous Peoples and BC’s Declaration on the Rights of Indigenous Peoples Act and Indigenous Laws are intended as guides to support increased understanding of what these changes mean in practice.

The post Latest Reconciliation Primers Explore Legal Pluralism first appeared on British Columbia Law Institute.