Appendix A: Example of an Introductory Letter sent to Stakeholders

ADVOCACY CENTRE for the ELDERLY
2 Carlton Street, Suite 701
Toronto, Ontario M5B 1J3
Tel: (416) 598-2656
Fax: (416) 598-7924
www.acelaw.ca

Chair, Board of Directors
Paula Psyllakis, B.A. (Hons.), M.A.

Lawyers
Judith A. Wahl, B.A., LL.B.
Rita A. Chrolavicius, LL.B.
Graham Webb, LL.B., LL.M.
Jane E. Meadus, B.A., LL.B.
Lisa Romano, B.A., LL.B., LL.M.

PERSONAL AND CONFIDENTIAL

Sent via regular mail

President, Residents Council

To Whom It May Concern:

RE: Research Project – Institutional Living and the Law as it Affects Older Adults

We cordially invite the residents of Community Nursing Home to participate in a research project conducted by the Advocacy Centre for the Elderly (ACE). We would welcome the opportunity to meet with residents in order to obtain their feedback about living in a long-term care home and the law as it affects older adults.

Overview of the Project

ACE is pleased to be working with the Law Commission of Ontario (LCO) with its project to analyze and understand the impact of law on older persons. Specifically, ACE has been awarded a research grant from the LCO to research the best ways of enforcing the rights of older adults in institutional settings, specifically long-term care homes.

ACE will be holding meetings and focus groups with a variety of stakeholders in order to obtain their opinions regarding the various methods that might help older adults enforce their rights in long-term care homes.

Research Statement

It is argued by some people that the legal system in Ontario is unable to meet the needs of older adults in institutional settings (e.g. hospitals, retirement homes and long-term care homes) in having their complaints heard and resolved in a timely and satisfactory manner.

Residents may be particularly vulnerable as they are often dependent on those very institutions that have violated their rights. Additionally, the fact that residents are “out of sight” compounds the problem and means that public scrutiny is lacking.

In an effort to influence both law reform in Ontario and the best practices of institutions, ACE will also be examining the law in different provinces and countries work to determine how they enforce the rights and remedies for older adults in institutions. These “access to justice models” will be analyzed to determine whether they could work in Ontario.

Scope and Type of Work

We would like to study an assortment of different methods of enforcing older person’s rights available in other jurisdictions, including the following:

· Ombudsman models;

· tribunals/administrative boards;

· government regulatory bodies;

· industry regulation;

· education;

· advisory groups to government comprised of older adults living in long-term care homes;

· legal supports;

· alternative dispute resolutions;

· advocate programs;

· court proceedings; and

· other models.

Residents’ Councils

ACE hopes to speak directly to residents so they can:

· advise us about any obstacles, if any, they encounter when they

attempt to enforce their legal rights;

· the remedies they are seeking; and

· what changes, if any, should be made to the current system to make

it more accessible to residents.

Obviously, this is the most important group for us to meet with as the law directly impacts residents and affects their daily lives.

We would like to schedule a one or two hour long meeting to discuss these issues with residents. Due to the tight timelines in this research project, we would like to hold the meeting as soon as possible. ACE will provide food and refreshments, as well as a small stipend of $25.00 to cover the costs of organizing this meeting.

More information about the LCO’s project on older adults can be found at their website: http://www.lco-cdo.org/en/olderadults.html.

If you have any questions, please do not hesitate to contact either Jane Meadus, Institutional Advocate, or Lisa Romano, Staff Lawyer.

We look forward to working with you.

Yours truly,

ADVOCACY CENTRE FOR THE ELDERLY

Jane Meadus Lisa Romano

Institutional Advocate Staff Lawyer

Barrister & Solicitor Barrister & Solicitor

416.598.2656, x.229 416.598.2565, x.227

meadusj@lao.on.ca romanol@lao.on.ca

Appendix B: Questionnaire Distributed at Consultations in Long-Term Care Homes

“ACCESS TO JUSTICE” CONSULTATION

Circulated by the Advocacy Centre for the Elderly (ACE)- June 2009

1. Have you experienced any problems while living in a long-term care home?

For example:

· Your doctor doesn’t explain and get proper consent from you or your substitute decision-maker before giving you a medication

· You are not allowed to see or visit your friends or family members

· Staff members at the long-term care home mistreat you

· The attorney named in your power of attorney doesn’t let you have any or your money

2. Do you feel there are any barriers or obstacles when you try to solve your problems or enforce your rights?

For example:

· You don’t know your legal rights

· You don’t know how to find a lawyer and/or it’s too expensive to talk to a lawyer

· The home won’t take action to resolve your problem

· The Compliance Advisor at the Ministry of Health and Long-Term Care doesn’t call you back or take your concerns seriously

· Nobody believes you

3. Do you have any suggestions about how the current system can be changed in order to help older adults solve any problems?

For example:

· The Ombudsman of Ontario should be allowed to hear complaints about long-term care homes

· It should be easier to go to court or to have a lawyer

· An advocate who does not work for the long-term home should be available to help me voice my concerns

Please complete and return the completed questionnaire to an ACE lawyer at the end of the session. You may also mail or email your responses to the addresses below.

Feel free to use extra sheets of paper, if necessary.

If you have any questions, you can call

Lisa Romano or Jane Meadus at (416) 598-2656.

Our address is:

Attention: LCO Project

Advocacy Centre for the Elderly

2 Carlton Street, Suite 701

Toronto, ON M5B 1J3

Our Email Addresses are:

romanol@lao.on.ca or meadusj@lao.on.ca

Thank you for your participation!

Appendix C:
Questionnaire Distributed at Consultations in Retirement Homes

“ACCESS TO JUSTICE” CONSULTATION

Circulated by the Advocacy Centre for the Elderly (ACE) - May 2009

1. Have you experienced any problems while living in a retirement home?

For example:

· Your doctor doesn’t explain and get proper consent from you or your substitute decision-maker before giving you a medication

· You are not allowed to see or visit your friends or family members

· You are told that you have to move to a different unit

· Staff members at the retirement home mistreat you

· The attorney named in your power of attorney doesn’t let you have any or your money

2. Do you feel there are any barriers or obstacles when you try to solve your problems or enforce your rights?

For example:

· You don’t know your legal rights

· You don’t know how to find a lawyer and/or it’s too expensive to talk to a lawyer

· The home won’t take action to resolve your problem

· You call the Complaints Response and Information Service (CRIS) but they don’t call you back

· Nobody believes you

3. Do you have any suggestions about how the current system can be changed in order to help older adults solve any problems?

For example:

· There should be more regulation of retirement homes by the government

· It should be easier to go to court or to have a lawyer

· An advocate who does not work for the retirement home should be available to help me voice my concerns

Please complete and return the completed questionnaire to an ACE lawyer at the end of the session. You may also mail or email your responses to the addresses below.

Feel free to use extra sheets of paper, if necessary.

If you have any questions, you can call

Lisa Romano or Jane Meadus at (416) 598-2656.

Our address is:

Attention: LCO Project

Advocacy Centre for the Elderly

2 Carlton Street, Suite 701

Toronto, ON M5B 1J3

Our Email Addresses are:

romanol@lao.on.ca or meadusj@lao.on.ca

Thank you for your participation!

Appendix D: List of Participants

Residents’ Councils

· Baycrest Centre

· Community Nursing Home, Port Perry

· Kensington Gardens

· Fellowship Towers Retirement Community

· Meighen Retirement Residence

· Sunnyside Home

Family Councils

· Family Council Network Four

· North East Family Council Network

· Sunnyside Home

Lawyers

· Jan Goddard, Jan Goddard and Associates

· Ryan Kirshenblatt, Eisen Graham

· Alex Procope, Swadron Associates

· Lonny Rosen, Gardiner Roberts LLP

· Dina Stiga

· Anita Szigeti, Hiltz and Szigeti

Industry and Seniors Groups

· Alzheimer Society of Ontario

· Canadian Pensioners Concerned

· Concerned Friends of Ontario Citizens in Care Facilities

· Family Councils Program

· Hillsdale Estate

· Ontario Association of Community Care Access Centres

· Ontario Association of Non-Profit Homes and Services for Seniors

· Ontario Association of Residents’ Councils

· Ontario Long-Term Care Association

· Ontario Retirement Communities Association

· United Senior Citizens of Ontario

· Yee Hong Centre

Individuals

· Gary Bowers