THE ADVOCATE 699
VOL. 79 PART 5 SEPTEMBER 2021
NEWS FROM
BC LAW INSTITUTE
By Emily Clough*
STUDY PAPERS ON DECISION-MAKING CAPACITY AND CONSENT
This past spring, the BC Law Institute (“BCLI”) and the Canadian Centre for
Elder Law (“CCEL”) published three different study papers that explore
issues related to decision-making capacity and consent. We were pleased to
be able to undertake these papers and believe that they will aid in considering
new approaches to consent, capacity and decision making for vulnerable
people and their caregivers.
First, in May, the CCEL published Respecting the Rights of Vulnerable
Investors Through Supported Decision-Making, which we described in a previous
issue of the Advocate.
Second, we published the Update on the 2009 Provincial Strategy Document
on Vulnerable Adults and Capability in British Columbia: A Discussion Paper
and Reference Guide. The CCEL developed the paper for the BC Council to
Reduce Elder Abuse (“CREA”) and the BC Adult Abuse and Neglect Prevention
Collaborative (the “Collaborative”). The paper builds on work that the
CCEL completed for the Collaborative 12 years ago when we wrote the 2009
Provincial Strategy Document. This new study paper revisits the recommendations
contained in the 2009 report, providing status updates on each of
the recommendations.
The update discusses developments related to vulnerable adult abuse
and neglect prevention and response. It summarizes key recent court decisions,
newly implemented legislation and trends in academic research,
media, government and non-profit sector work. The paper identifies practice
resources, professional development modules and public legal education
resources related to vulnerable adult abuse and neglect response in
quick, at-a-glance tables. The publication concludes with a list of potential
* Emily Clough is the chair of the board of BCLI.