About the Conference
The 5th annual Canadian Conference on Elder Law took place from October 28th – 30th, 2010 at the Sutton Place Hotel in downtown Toronto. The goal of the Conference was to promote contribution and access to a knowledge base regarding legal issues affecting older adults, with a view to reducing vulnerability, social isolation and abuse. The Conference brought together professional groups, lawyers, community members, advocates, health specialists, researchers and interested individuals, and highlighted some of the most interesting and innovative research and practices in the field.
The Conference Partners
The 2010 Conference was developed in collaboration between the Canadian Centre for Elder Law, the Law Commission of Ontario, and the Advocacy Centre for the Elderly.
The Advocacy Centre for the Elderly is a community based legal clinic whose services and activities focus on areas of law of special importance to the seniors’ population. ACE was the first legal clinic in Canada to specialize in the legal problems of seniors. It provides direct legal services to low-income seniors, public legal education, and engages in law reform activities.
The Canadian Centre for Elder Law is a national not-for-profit organization dedicated to improving the lives of older adults in their relationship to the law and conducts research, outreach and public legal education on elder law issues. The Canadian Centre for Elder Law was the host of the previous Canadian Conferences on Elder Law.
2010 Conference Overview
The theme of the 2010 Conference was “Developing an Anti-Ageist Approach to the Law”, reflecting and supporting the LCO’s multi-year project to develop a holistic and principled framework for the law as it affects older adults, the Advocacy Centre for the Elderly’s pioneering role in promoting access to justice for older adults, and the unique mandate of the Canadian Centre for Elder Law. The Conference explored issues of elder rights, ageism and the law, access to justice, and law reform for older persons.
The Conference commenced with a pre-day on October 28th, during which the World Study Group on Elder Law met and presented new and emerging research in the area of elder law.
The Conference’s plenary sessions included:
• A keynote address from Mr. Justice Murray Sinclair, Chair of the Truth and Reconciliation Commission;
• A panel from Ontario’s law schools reflecting on the role of the law schools in responding to Canada’s aging demographic;
• A discussion on making the shift to a rights-based approach to elder law, featuring International Federation on Ageing Secretary General Dr. Jane Barratt, Professor Joan Gilmour of Osgoode Hall Law School and Chief Commissioner of the Ontario Human Rights Commission Barbara Hall;
• A panel discussion on law reform and older adults including LCO Executive Director Dr. Patricia Hughes, Justice Marcia Neave of the Supreme Court of Victoria Court of Appeals, and Frances Patterson Q.C., Public Law Commissioner of the Law Commission of England and Wales; and
• The Distinguished Lecture on Elder Law by Judge Nancy Flatters of the Alberta Provincial Court.
The Conference included 25 breakout sessions, focusing on a diverse array of issues including the use of technology to improve access to the law for older adults; gender, age and the law; including older adults in the law reform process; family relationships, conflict and the law of capacity and guardianship; the development of effective complaints mechanisms to protect the rights of older adults; and many others.
The Conference Dinner was a celebration of the role of the Advocacy Centre for the Elderly and Ontario’s legal clinics in advancing the rights of older adults and access to justice more generally, and included a pre-dinner reception hosted by the Association of Community Legal Clinics of Ontario. The Dinner speaker was Roger Smith of JUSTICE.
Conference Papers, Presentations and Supplementary Materials
Please note that the papers and presentations are presented as submitted by the speakers and presenters, and in the original language of the presentations.
World Study Group
| Kim Whaley, Whaley Estate Litigation and Ian Hull, Hull & Hull LLP | “Financial Abuse, Neglect and the Power of Attorney” |
| Helene Wheeler, LL.M. Candidate, UBC Faculty of Law | “Ageism in the Justice System” |
“Identifying Elements of an Anti‐Ageist Approach to the Law”
Session 1A – Friday October 29, 2010
Moderated by Lauren Bates, Law Commission of Ontario
| Professor David Freedman, Queen’s University | “The Principle of Dignity and Older Adults” |
| Professor Maneesha Deckha, University of Victoria | “Reason, Aging and Dignity” Conference Paper Presentation |
| Magnus Eze, Parliamentary Consultant, Nigeria | “Old Age Legislation in Nigeria” Presentation |
| Professor Emerita Gerda Kaegi, Ryerson University and Canadian Pensioners Concerned | “Being Human, Human Rights and Agency for Older Adults” Presentation |
“Protection of the Rights of Seniors – The Retirement Home Example”
Session 1B – Friday October 29, 2010
Moderated by Kevin Zakreski, B.C. Law Institute/Canadian Centre for Elder Law
| Lisa Romano, Advocacy Centre for the Elderly | Conference Paper |
| Mark McMackin, Ricketts Harris | |
| Carly Hyman, B.C. Office of the Ombudsperson | Presentation |
“Good Law and Bad Practice: First Available Bed Policies”
Session 1C – Friday October 29, 2010
Moderated by Kirsten Manley‐Casimir, Law Commission of Ontario
| Jane Meadus, Advocacy Centre for the Elderly | “First Available Bed – Law and Policy in Ontario” |
| Elizabeth Currie, Chancellor Park Nursing Home and Henry Kielley, Eastern Health and Long Term Care | “First Available Bed Policies in NFLD” Presentation |
“Exploring Elder Mediation”
Session 1D – Friday October 29, 2010
| Professor Gemma Smyth, University of Windsor Faculty of Law | |
| Laura Watts, Canadian Centre for Elder Law | |
| Jan Goddard, Jan Goddard and Associates |
“Substitute Decision-Making and End of Life Planning: Hot Topics from a Care Provider Perspective”
Session 1E – Friday October 29, 2010
| Cindy Clarke, Borden Ladner Gervais Ira Parghi, Borden Ladner Gervais Gene Norvaisa, Providence Healthcare |
Presentation |
“Gender, Age and the Law”
Session 2A – Friday October 29, 2010
Moderated by Kirsten Manley‐Casimir, Law Commission of Ontario
| Professor Claire Young, University of British Columbia | “Pensions, Privatization and Poverty: The Gendered Impact” Conference Paper |
| Professor Kim Dayton, William Mitchell College of Law | “Health Care Reform in the U.S.” |
“Technology and Access to Justice”
Session 2B – Friday October 29, 2010
Moderated by Roger Smith, JUSTICE
| Margaret Capes, University of Western Ontario Law School | |
| Judith Wahl, Advocacy Centre for the Elderly | Presentation |
| Fiona MacCool, Community Legal Education Ontario | Presentation |
“Approaches to Law Reform: The Example of Advance Care Planning”
Session 2C – Friday October 29, 2010
Presented by the Federation of Law Reform Agencies of Canada
“Least Restrictive Alternative, Limited Guardianship and the Ward’s Autonomy: Trends in the U.S. and Canada in the 21st Century”
Session 2D – Friday October 29, 2010
| Professor Rebecca Morgan, Stetson University College of Law and Ed Boyer, Boyer & Jackson P.A. and President Elect of the National Association of Elder Law Attorneys | Presentation |
| Laura Watts, Canadian Centre for Elder Law |
“Capacity and Guardianship and Family Relationships: Challenging Issues”
Session 2E – Friday October 29, 2010
| Kim Whaley, Whaley Estate Litigation | “Legal Capacity to Marry and the Estate Plan” Conference Paper |
| Wendy Griesdorf, Estate Litigation Counsel | “Physicians and Patients with Marginal Capacity” Conference Paper |
| Saara Chetner, Office of the Public Guardian and Trustee | “‘Can’t Buy Me Love’ – Lessons From High Conflict Guardianship Litigation” Conference Paper |
“Ageism and Age-Based Criteria in the Law”
Session 3A – Friday October 29, 2010
Moderated by Lauren Bates, Law Commission of Ontario
| Professor Nina Kohn, Syracuse University College of Law | “The Myth of Benign Classification: Age‐Based Criteria in U.S. Policy” |
| Professor Tom Klassen, York University | “The Elimination of Mandatory Retirement – Unfinished Business” Conference Paper |
| John McKinnon, Executive Director, Injured Workers’ Clinic | “Age-Based Criteria in the ‘Workplace Safety and Insurance Act’” Conference Paper |
“Developing Effective Complaints Mechanisms”
Session 3B – Friday October 29, 2010
Moderated by Lisa Romano, Advocacy Centre for the Elderly
| Karen Slater, Ministry of Health and Long Term Care | “Reforms to Compliance under the New ‘Long Term Care Act’” Presentation |
| Carly Hyman, B.C. Office of the Ombudsperson | “Effective Complaints Resolution Processes” Presentation |
“Including Older Adults in the Law Reform Process”
Session 3C – Friday October 29, 2010
Moderated by Dr. Patricia Hughes, Law Commission of Ontario
| Colleen Sonnenberg, Ministry of Health and Long Term Care | “The ‘Long Term Care Homes Act’ – A Consultation Process” Presentation |
| Bea Levis, Senior’s Activist | “Including the Voice of Older Adults in the Law Reform Process” |
“Regulation of Attendant Care Services”
Session 3D – Friday Octber 29, 2010
Moderated by Dianne Wintermute, ARCH Disability Law Centre
| Scott James Allardyce, Citizens with Disabilities Ontario | Presentation |
| Lori Holloway Payne, Personal Support Network of Ontario and Ontario Community Support Association | |
| Mark Blumberg, Blumberg Segal LLP |
“The Power and Potential of Story”
Session 3E – Friday October 29, 2010
| Rick Goralewicz and Paula Wood, Legal Aid Services of Oklahoma | Conference Paper |
“Designing the Law to Include Older Adults”
Session 4A – Saturday October 30, 2010
| Lauren Bates, Law Commission of Ontario | “Developing an Anti‐Ageist Framework for the Law” Presentation |
| Christine Elliott, British Columbia Solicitor | “Transition Between Normal Residency Laws to a Care Based Model of Dispute Resolution” Conference Paper |
“Capacity and Access to the Legal Representation”
Session 4B – Saturday October 30, 2010
Moderated by Jeanne Desveaux, Barrister and Solicitor
| Graham Webb, ACE | “Ensuring Access to Legal Advice” Conference Paper |
| Tess Sheldon, ARCH Disability Law Centre | “Capacity and Access to Administrative Tribunals” Conference Paper |
| Marshall Swadron, Swadron Associates | “Amicus Curiae and Section 3 Representation” Conference Paper |
“Research, Law Reform and Older Adults”
Session 4C – Saturday October 30, 2010
Moderated by Mohan Sharma, Law Commission of Ontario
| Margaret Easton, Meridian Aging Project | “Law Reform and an Interdisciplinary Approach to the Study of Aging” Presentation |
| Cheluchi Onyemelukwe, Dalhousie University Law School | “Research Involving Elderly Persons – An Examination of Neuroethical and Legal Concerns” |
| Professor Sheila Wildeman, Schulich School of Law, Dalhousie University | “How do Canadians Understand the Law on Substitute Decision‐Making About Research?” |
“Risk Mitigation” or “Supporting the Elderly in Choosing to Live at Risk”
Session 4D – Saturday October 30, 2010
| Frank Wagner, University of Toronto Joint Centre for Bioethics and Toronto Central CCAC and Mark Handelman, Health Law Matters | Presentation |
“Ontario’s New LTC Homes Act: Impact on Consent and Capacity Issues”
Session 4E – Saturday OCtober 30, 2010
| Frances Patterson, Q.C., Public Law Commissioner, Law Commission of England and Wales | Conference Paper |
| Jane Meadus, ACE and Cindy Clarke, Borden Ladner Gervais LLP | Presentation |
| Joaquin Zuckerberg, Consent and Capacity Board | Presentation |
“Autonomy, Independence, and the Law Affecting Older Adults”
Session 5A – Saturday October 30, 2010
Moderated by Lauren Bates, Law Commission of Ontario
| Dianne Wintermute, ARCH Disability Law Centre | “From De‐Institutionalization to Re‐Institutionalization” |
| Professor Joan Harbison, Dalhousie University School of Social Work | “Ageism, the Right to Autonomy and Adult Protection Legislation” |
| Professor Kurt Eggert, Chapman University School of Law | “Advance Care Directives and the Illusion of Autonomy” |
“Access to Legal Services”
Session 5B – Saturday October 30, 2010
Moderated by Judith Wahl, ACE
| Laurie E. Joe, West End Legal Services and Kwesi Baffoe | “Many Clouds, No Rain” Conference Paper |
| James Pietsch and Lenora Lee, University of Hawaii Elder Law Program | “Access to Justice for Older Adults in Hawaii” Presentation |
| Deana Johnson, Ontario Network for the Prevention of Elder Abuse | “Accessing Justice for Seniors” Presentation |
| Joan Braun, BC Centre for Elder Advocacy & Support | “Elder Law Clinics in a Multidisciplinary Environment” |
“The Law of Capacity in Ontario: A Case Study in Law Reform”
Session 5C – Saturday October 30, 2010
Moderated by Kirsten Manley-Casimir, Law Commission of Ontario
| Mary Jane Dykeman, Dykeman Dewhirst O’Brien Health Law | “History of Ontario’s Law Reform Regarding Capacity” Presentation |
| Jane Martin, Eisen Graham, Barristers & Solicitors / Ontario Bar Association | “Current Law Reform Issues Regarding Capacity” |
| Michael Bach, Canadian Association for Community Living and Lana Kerzner | “A New Paradigm for Protecting Autonomy and the Right to Legal Capacity” |
“Emerging Research and New Researchers”
Session 5D – Saturday October 30, 2010
Moderated by Miriam Stein, Rachlin & Wolfson
| Kristine Connidis, University of Toronto | “Old Age and Judicial Appointment – A ‘Jungian’ Perspective” |
| Rachel Bakke and Kia Thrasher, William Mitchell College of Law | “Delegation of Limited Parental Authority” Presentation Supplementary Document |
| Andrea Domaskin, William Mitchell College of Law | “Overcoming Challenges Faced by Crime Victims with Developmental Disabilities” Conference Paper |
“Moving Past Systemic Ageism in Guardianship: A Quebec Community Clinic Experience”
Section 5E – Saturday October 30, 2010
| Ann Soden, Ad.E., National Institute of Law, Policy and Aging / Centre for Law and Aging | Presentation |