Category: Community posts

The Power of Attorney Project Podcast Feature: Law Reform – from a BC Perspective

Community posts

What is the Power of Attorney Project?

A two year technology-based project funded in part by the Government of Canada’s New Horizons for Seniors Program, that aims to educate adult children and seniors about Power of Attorney issues. In their Podcast series, legal, financial and social service experts share their knowledge and give individuals and families an opportunity to increase their understanding and to help them deal with some of the complex and difficult issues of aging.

The B.C. Perspective

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B.C.’s Representation Agreement Act inspired Article 12 of the United Nations Convention on the Rights of People with Disabilities

One of Clicklaw’s core contributors, Joanne Taylor, Executive Director of Nidus Personal Planning Resource Centre and Registry, was recently featured in a podcast. She explains B.C.’s unique legal tools that empower people in B.C. to plan for the future.

Nidus was founded by citizens and community groups who were involved in the community-based reform of British Columbia’s adult guardianship legislation. Nidus is currently the only community-based resource in Canada devoted to personal planning. Its existence sets British Columbia apart as a leader in addressing the critical needs of an aging population.

Nidus is the expert on Representation Agreements, which are a legal model for supported decision making.  B.C.’s Representation Agreement Act inspired Article 12 of the United Nations Convention on the Rights of People with Disabilities (2008) which calls on governments to implement legislation that ensures all adults receive support with decision making without the need to take away or restrict their rights. The Convention has been ratified by Canada.

Listen to the Podcast here. Conversation topics discussed include:

  1. What is Nidus?
  2. What is Nidus’s role?
  3. What legal documents are available in BC to plan for incapacity?
  4. Is it true that the UN Convention on the Rights of Persons with Disabilities looked to the Representation Agreement Act of BC for inspiration when it was drafted?
  5. What is the Nidus Personal Planning Registry and could you give us an example of how families can use it?

Webinar-Icon-Orange1-300x281September is Personal Planning Month

Tell the Chief Judge what you think about online publication of criminal court information

Community posts

Update: Extension of deadline to October 1, 2015. In light of the interest shown in the issues raised by the Consultation Memo, the Chief Judge has extended the time for members of the public to make written submissions. Comments are now sought on or before October 1, 2015.

By the Provincial Court of British Columbia
Cross-posted from eNews

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Visit the Provincial Court of BC website: provincialcourt.bc.ca

The B.C. Provincial Court appears to be the only criminal trial court in Canada that provides remote online access to adult criminal court case information. You can access accused persons’ names, charges, bail orders and sentences through Court Services Online (CSO).

Online access like this raises unique tensions between fundamental principles of open courts, the presumption of innocence, and the extent to which personal information should be widely circulated when the outcome of a criminal charge is something other than conviction. The Court’s current policy is not to display case information on CSO after a case has ended if the case has resulted in a stay, withdrawal of charges, or an acquittal or dismissal. The Chief Judge is also considering whether to adopt a policy not to display information about cases that have resulted in “peace bonds” under section 810 of the Criminal Code.

Because there has not been a broad public discussion about what the limits on online publication of criminal case information should be, the Chief Judge invites members of the public, including the media, to comment on these aspects of judicial policy. A Consultation Memorandum has been posted to the Provincial Court website. It outlines the issues and asks for your views. Your comments and discussion will help the Chief Judge determine whether these policies need adjusting and whether they achieve an appropriate balance between openness and privacy considerations.

The Consultation Memorandum also deals with another issue. Members of the media have found that CSO blocks access to case information whenever a publication ban is made. The memorandum explains how publication bans work on CSO and why this blocking happens. The Chief Judge also invites comment on this policy and suggestions for reasonable alternatives.

Please read the Consultation Memorandum to find:

  • information about the policies limiting access to case information when a stay, withdrawal, acquittal or dismissal has been entered;
  • reasons for considering a change to include peace bonds, options for change; and
  • information about the effect of publication bans on the information available on CSO.

Then please send your comments by September 18, 2015 to:

info@provincialcourt.bc.ca Re: CSO Policy Consultation
OR
CSO Policy Consultation
Attention: Mr. Gene Jamieson, Q.C., Senior Legal Officer
Office of the Chief Judge, Provincial Court of British Columbia
337 – 800 Hornby Street, Vancouver, B.C.

… and share them on Twitter @BCProvCourt.