Project Overview
Although older adults make up a growing proportion of Ontario’s population, law and policy-makers may not be aware of the potential effects of their laws and policies on these members of society. This includes laws or policies that directly target older adults, as well as general laws and policies that may affect older persons as part of the general population. The Law Commission of Ontario (LCO) is creating a tool to help evaluate new or existing laws, policies and practices and understand their impact on older adults.
In recent years, there have been several important initiatives relevant to the law as it affects older adults. The LCO has aimed to incorporate and, where possible, synthesize the insights and frameworks employed by these initiatives as a foundation for this project. This includes the foundations laid by the National Framework on Aging, the International Principles for Older Persons, the reports of the Special Senate Committee on Aging, the work of the Advocacy Centre for the Elderly, and other initiatives.
This project is closely related to the LCO’s similar project on the law as it affects persons with disabilities. A significant minority of older persons live with disabilities, whether because they have aged with disabilities or because they have developed disabilities as they aged. While there are many areas where the two projects diverge, they have been developed in tandem and have shed light on each other during that process.
The project will involve multidisciplinary analysis, and will consider the law as it affects older adults through critical lenses based on gender, race and other factors.
Who Can Use It
The LCO’s Framework for the Law as it Affects Older Adults will be of assistance to anyone who develops, implements or assesses laws, policies or practices that may affect older persons. This includes
-
Legislators and policy-makers;
-
Advocacy organizations and community groups that deal with issues affecting older adults; and
-
Public or private organizations that develop or administer policies or programs that could affect older persons.
The LCO hopes that ultimately the Framework will benefit older persons by making the law more effective, just and accessible.
What We Have Done So Far
-
The LCO has formed an Advisory Group made up of academics, legal and other service providers, government representatives, advocates and community organizations.
-
The LCO conducted a preliminary consultation in 2008 to identify themes, issues and principles for the project.
-
The LCO funded research papers from experts in the field on issues related to the project, as well as carrying out considerable internal research.
-
The LCO co-hosted the 2010 Canadian Conference on Elder Law, in partnership with the Canadian Centre for Elder Law and the Advocacy Centre for the Elderly.
____________________________________________________
Research
In January 2009, the LCO issued a Call for Research Papers on the preliminary themes and principles that it had identified, in order to supplement its own research and to gather diverse perspectives on key issues. Through this Call for Papers, the LCO funded three research papers.
As well, a number of research papers have been completed by LCO staff and students on particular issues related to the law and older adults.
_____________________________________________________
In completing this project, the LCO will engage in consultations with older adults, as well as representatives of community and advocacy organizations, service providers, government, academics and experts, and the legal profession.
The LCO is interested in your comments on our Draft Framework for the Law as it Affects Older Adults. We are hoping to hear from all those individuals and organizations who may either use or be affected by the Draft Framework, including policy-makers, community organizations, service-providers and older adults themselves.
__________________________________________________________
Events
As part of this project, the LCO partnered with the Advocacy Centre for the Elderly and the Canadian Centre for Elder Law to co-host the 2010 Canadian Conference on Elder Law.
__________________________________________________________
Older Adults Publications
Older Adults Interim Report including Draft Framework - June 2011
Older Adults Consultation Paper - January 2009
Older Adults Pre-Study Consultation Paper - May 2008
