CanuckKabuk Law

As I've noted before, although all kinds of links to all kinds of interesting information be found in the  sidebar, I have never had an official  blogroll at A Primer on Special Needs and the Law - the main reason being that there are very few Canadian legal-disability blogs out there, or at least very few that I'm aware of.

But today I came across "Kabuk Law" (no, I have absolutely no clue where that name came from although I can tell you that they bill themselves as "the first interactive platform for seeking legal advice in North America, enabling consumers to source desired providers and book appointments online" and there is an interesting little story behind how the site came to be) that appears worthy of sharing.

This is the link to their blog, where some interesting articles in their own right can be found. This will take you to their main page.

So what's it all about, you ask?

Basically it's a CANADIAN site that attempts to connect the public (meaning people like you. And you. And yes, you too) with lawyers. Pardon my excitement, but finding truly Canadian sites like this is indeed rare.

So check them out. Even if you're not in need of legal services at the moment, it's never hurts to be a Boy Girl Scout and be prepared. Check out their blog, too; as I said, there looks to be some very interesting stuff there, including a link to a survey asking people about their experiences looking for legal advice or (gasp) even an actual lawyer.

It would appear that they actually want to make getting legal advice easier, right here in Canada. Who would have thunk it, eh?

Disabling Poverty, Enabling Citizenship – Canada's Federal Parties Have Their Say

We all know we should need to vote, but sometimes we wonder why we bother. And yet if the democratic process can be this frustrating to typical Canadians, it is often all the more so when it comes to individuals with disabilities and their family members, particularly since it so often seems that most of the issues that more important to us are not even on any government radar.

Operating on the theory that knowledge is power, I am passing along a Media Release from the Canadian Council on Disabilities that came to my attention today. I realize it's getting a little close to the line to question your Parliamentary Hopefuls, but if you want to know where the different political parties stand on issues of particular relevance to the disability community, read on.

The Council of Canadians with Disabilities (CCD) a national organization working for an inclusive and accessible Canada, sought commitments from Canada's major political parties on initiatives focused on disabling poverty and enabling citizenship.

• Poverty alleviation (CCD identified a refundable Disability Tax Credit as a first step) and increased employment opportunities; 

• Convention on the Rights of Persons with Disabilities and ratification of its Optional Protocol, and;

•  Accessibility measures (such as a Canadians with Disabilities Act, enforceable access regulations for transportation and other areas in Federal jurisdiction, improved palliative care and other services, support for capacity building for the
  disability community)

READ MORE

Can Lii, Can Do

Based on the premises that something is better than nothing *, news from the National Self Represented Litigants Project Website:

The NSRLP is proud to launch our latest resource for [Self Represented Litigants] SRLs, NSRLP CanLII Primer V1

The Can Lll Primer: Legal Research Principles and CanLII Navigation for Self-Represented Litigants is the result of innumerable hours of research and drafting by NSRLP Research Assistant Tamara Thomas, who worked with Julie to develop the Primer. Tamara says this about what she learned from the experience, and what motivated her to spend so much time and passion on this project. 

“The CanLII Primer aims to help SRLs develop a basic understanding of how to operate CanLII in a straightforward and effective way. CanLII is a wonderful resource because it is open to anyone to use – no fees, no commitments – but it can also be frustrating to operate. Of course, I say that coming from the privileged position of having taken classes specifically on legal research and writing in law school… 

I realized fairly quickly into this process – and I got a really good appreciation of this as a result of creating the Primer – that the legal system is one created by and dependent upon inaccessible and unintuitive language, and trying to access and understand the legal research process without properly understanding that language throws up yet another barrier to SRLs. Writing the Primer required that I completely deconstruct everything that I knew in a way that we are not taught in law school. ...

Check it out.

* A reference to my blogging (or lack thereof), not the content of the post.

Leave With the One That Brought You to the Dance ... or Not

I came across this little tidbit today and thought it was rather interesting - apparently PLAN has now partnered up with the Bank of Montreal with regard to the promotion of the RDSP.

The most interesting part being, I thought, the fact that there was absolutely no mention of PLAN's previous partnership with the Royal Bank around the RDSP.

Be that as it may, here's a little more info, from BMO's press release:

BMO Investments Inc. has announced that it is partnering with Planned Lifetime Advocacy Network (PLAN), a not-for-profit organization committed to ensuring the safety, security and well-being of those living with disabilities. 

The three-year sponsorship and partnership will focus on educating individuals and their families about the Registered Disability Savings Plan (RDSP). The partnership will also help those with disabilities set up RDSPs in order to help with their financial future.

For What It's Worth

I'm not sure exactly what to make of this but ...

March 25, 2014) BOYNECLARKE LLP, one of Atlantic Canada’s largest law firms, will be offering free legal consultations over a three-day period in celebration of Law Day 2014. 

On April 8, 9 and 10, BOYNECLARKE LLP will be inviting pre-approved applicants to their office in Dartmouth for a free legal consultation. The initiative, spearheaded by Partner Gordon F. Proudfoot QC, is intended to give residents in the HRM access to justice. 

“Law Day is all about making sure everyone understands the law, has access to justice and can have their legal questions answered,” says Gordon. “This is our first year with the project, so we’re hoping to see lots of people during the three days.” 

Over 25 lawyers at the firm have volunteered their services to meet with approved applicants and discuss their legal issues in various areas of law. 

“Community service is one of things we try to make a priority here at BOYNECLARKE,” adds Gordon. “This is a way for us to give back.” 

Applications can be obtained online or by calling 1 902 460 3444.

So go on. Get out there. Get out pre-approved.

What do you have to lose?

A Primer on ... Guardianship

While collecting links for that last post, I came across an interesting collection (the majority of them new) of legal websites that actually discuss adult guardianship in Nova Scotia.

That was quite surprising given that the last time I checked (admittedly maybe six to twelve months ago), there appeared to be a distinct lack of helpful sites on the subject. Lots to be found on child guardianship in Nova Scoita, to be sure; but not so much on adult guardianship.

At any rate, nice person that I am, I thought I might share these sites with you. So here goes:

• Guardianship of Adults (Legal Information Society of Nova Scotia) -
  It's nice to see that the Legal Information Society of Nova Scotia has finally completed the adult guardianship section on their site. The page answers the most basic burning questions, such as:

What is guardianship? 

Who is an incompetent person? 

Who can be a guardian? 

How is a guardian appointed? 

Are there protections if the guardian fails in their duties? 

What are the responsibilities of a guardian? 

What is included in an inventory? 

How does a guardianship end? 

What does a guardianship application cost? 

Are their alternatives to guardianship? 

It also provides a list of places where one can go to get more information on the subject. Given that online information is only as good as its source I would highly recommend the Legal Information Society of Nova Scotia's site.

• How to File a Guardianship Application in Supreme Court of Nova Scotia - This page (part of the Courts of Nova Scotia site) had been previously lacking, only setting out a small bit of basic information. But I see that they have now expanded the page to actually set out the entire process, step-by-step, in making a guardianship application.

• Guardianship of Adults (Taylor MacLellan Cochrane)- A word of caution with this one: although I included it because it sets out a lot of important and related information in an easy-to-read manner, it is a little out of date.

Meaning it would be best to tread carefully (and carry a big stick) through the material under the heading "Court Hearings" on p.4 (you will see it refers to there being two separate court hearings (this is no longer the case  - basically, we just start with the "second hearing" - there is no "first hearing" anymore) and amount set out as "Lawyer's Fees" on p. 6 (fees have obviously increased significantly since the making of this document).

However, other than those two things, it looks like it would be well worth your time.

Note to Taylor MacLellan Cochrane: You really need to update the material on your website.

So lots of good information there, to be sure, if you have the desire need to learn more about how guardianship works in this Province.

Of course, there is another great source of information available online on guardianship in Nova Scotia made available by yours truly. I just wouldn't want you to forget. '-)

Decisions About Health and Personal Care: What does it take to be legally capable?

For those interested concerned with issues around "consent" (and that should be all of us), might I suggest the recent presentation given by Professor Sheila Wildeman, a law professor at the Schullich School of Law (aka Dalhousie Law School).

Prof. Wildeman has a deep understanding of the issues involved under the Incompetent Persons Act and other relevant legislation in Nova Scotia. Beginning with the now well-known story of Jenny Hatch (the young American woman with Down Syndrome who successfully fought her parents' guardianship application), Professor Wildeman goes on to examine the current state of the law surrounding "legal capacity" in Nova Scotia in regards to guardianship and health and personal care decisions.

But she doesn't just offer a useful tour through the current state of the law - Professor Wildeman does an excellent job of setting out the fundamental values that are at stake here and explaining the differences between substitute decision-making regimes (such as guardianship) and supported decision-making (one of the newest buzz terms in the disability community).

Yes, the lecture is lengthy but I highly recommend it for anyone who wants to get a real grasp on these issues. Because, really, without a firm grasp on these issues, how we can expect to advocate effectively for ourselves and our loved ones?





On a related note, I present to you ARCH's analysis of the recent Supreme Court of Canada decision in Cuthbertson v. Rasouli, 2013 SCC 53.

In Cuthberton, the SCC was asked to examine the process that the law requires when an incapable person is unable to provide consent or refusal in situations involving life support.  Decided under Ontario's Health Care Consent Act, the Court concluded that “treatment” under this Act extended to withdrawal of life support, contrary to the arguments of the doctors.

UN Gives Nod To World Down Syndrome Day

UPDATE: Down Syndrome International is delighted to announce that a resolution to designate 21 March as “World Down Syndrome Day”, to be observed every year beginning in 2012, was adopted by consensus during the plenary meeting of the Third Committee of the United Nations General Assembly on Thursday 10 November 2011.

The United Nations is on track to officially recognize an annual World Down Syndrome Day starting in 2012.

A resolution to establish the awareness day on March 21 of each year cleared a U.N. committee by consensus last week. Officials say it will be adopted by the international body’s General Assembly in December.

The United States is one of 78 countries supporting the effort, which is spearheaded by Brazil.

Supporters said the date — March 21, or 3/21 — is significant because Down syndrome occurs when a person has three copies of the 21st chromosome.

Advocates from around the world have honored Down syndrome awareness on March 21 for the last six years. Earlier this fall, more than 12,000 people signed a petition to request U.N. recognition in an effort to bring extra meaning to the day. Per the resolution, member nations and private groups would be asked to promote Down syndrome awareness on the special day.

A similar U.N.-sanctioned day already exists to honor autism. In 2007, the international body named April 2 World Autism Awareness Day. Correction: This article has been modified to reflect that 78 countries sponsored the U.N. resolution to establish World Down Syndrome Day.

Visit www.worlddownsyndromeday.org for more information

By Shaun Heasley

Looking For Work

Or perhaps that should read "Will Work For Free".

Hello:

As you may or may not know, TETRA is a volunteer based group of technically skilled volunteers who offer their talents to design and construct “off the shelf” solutions for persons with disabilities.  Our Halifax Chapter is actively seeking out projects to keep our volunteers busy. 

If possible, can you send this email (below) out to your clients/consumers as an information service on our behalf?

If you have any questions or concerns, please do not hesitate to contact me directly.

Respectfully,

Kevin Murphy

TETRA Halifax Chapter Coordinator

404-7033

The latest edition of Gizmo, newsletter of the Tetra Society of North America, has just been published.

Have a look at some of the inventions and ingenious engineering solutions of Tetra Society volunteers – each helping overcome a physical barrier faced by an individual with a disability.

It includes features on: a device that allows a double amputee to get around, and exit safely from, her apartment; Calgary chapter building its own workshop; a device for a tetraplegic sharpshooter; and the growing trend of university engineering professors using Tetra challenges to teach the engineers of the future.

All this, as they say, plus much, much more.

If you want to know more about Tetra, check out the website, take part in our forum or visit us on Facebook. (If you want to help out, there are various volunteer options, or consider making a donation.)

I've passed on info about these folks to some friends years ago and they were quite pleased with the modified bike they were able to get for their son.  So it might well be worth checking into. 

What do you need? What would you like?

Maybe, just maybe, Christmas will come early for some family...

The Road To Hell

I've been flat-out busy lately but I can't believe it's been over a month since I've posted. So apologies.

What have I been up to, you ask?

Well, a few more presentations on Supported Decision-Making and Legal Guardianship in Nova Scotia. The effort involved in trying to start a new business (see above).

And, what I would most like to share with you, attending the recent CACL (Canadian Association for Community Living) Conference. My youngest and I headed out again and it was a great, if exhausting, weekend.

So, quickly them (much to do, much to do) some of the highlights, in no particular order:

• reconnecting with old friends and meeting new ones
• meeting Emily Eaton and her father
• hearing/seeing the infamous Michael Kendrick (author of the infamous Kendrick Report) for the first time
• the pre-conference session with Dr. Al Condolusi (a most excellent speaker/presenter)
• hearing, with my very own ears, our Minister of Community Services state that she believes that every person in this Province is entitled to live in the community, if they so choose (and briefly discussing that comment with her afterwards)

Okay, yeah, I might have saved the best for last.

Now the real question is will I ever get back here to post more about the Conference?

Let's just say I hope to but I'm not making any promises.
Because, sometimes, when I make promises, it just doesn't work out so well.

Now just what is that saying about the road to hell?

Hell isn't merely paved with good intentions; it's walled and
roofed with them. Yes, and furnished too.
~ Aldous Huxley

BLOGGING On

We don't have a blogroll around these here parts (for anybody not in the know, that would be a list of blogs that I read and/or recommend posted on the sidebar) - the main reason for that being there are very few Canadian legal-disabilty blogs out there, or at least very few (read none) that I'm aware of.  Which is a large part of what led me to start this endeavour in the first place.

But I digress. 

I've just been introduced to a blog I would like to heartily recommend.  It's called Kilometres for Communication.

What's it all about you ask?

This blog is about communication. It’s about a special kind of communication called AAC. (I personally struggle with this term; it stands for Augmentative and Alternative Communication, which is too much of a mouthful for me. AAC is simply an alternative way to communicate when someone has limited or no speech.) This blog is about disability, and navigation of disability in a society which orients itself towards people who are able-bodied. But this blog is also about ability, diversity, capability, possibility, hope. It is about our humanity, and about our connection–one person to another. It is about community and inclusion, and about how wrong it is for any of us to exclude and to make the decision that someone does not belong because he or she is different. So this blog is also about the importance of accessibility, because accessibility is a key to inclusion, belonging and community.

A family affair - the 17-year-old younger brother of "an artist, educator, social activist, writer, story teller, gardener, community facilitator [who] happens to travel in a wheelchair and communicate with AAC" proposes (family in tow) to cycle across Canada to ... well, how about if I let them tell you?

We would meet with people who speak in creative and diverse ways, and with the help of the media, introduce them to Canadians so that never again could they equate not being able to speak with not having anything to say. We would invite people to wheel, walk, run and cycle with us, and we would invite organizations, small groups of people and individuals to host events across Canada to raise public awareness and funds to empower voices and to make accessibility and inclusion a national priority for the more than 3 million Canadians with disabilities.

I don't know about you, but I think this is pretty nifty.

When my youngest daughter read this, she said it sounded a lot like the Terry Fox Run. 

I pointed out that although a lot of people have walked, ran, biked, etc. across Canada to raise money and awareness on issues like cancer and for other "good causes" and the man in motion is back at it (actually I'm not sure he ever really stopped), I've never heard of anybody doing quite this. I've never heard of anyone giving a voice to people who struggle to communicate in our world quite this way.

So. Company's coming. 

The plan is to leave BC on May 19th and head East.  Which, really, is the only way to go.  It seems to me  that we best be plumping the pillows and airing out the guest house.  Perhaps some fresh cut flowers on the table.  And to really show our Maritime hospitality maybe, just maybe, we could organize an event for Kerr and Skye when they get here?

~ ~ ~ ~ ~

As an aside (and with my apologies to Dave for making it an aside), as long as we're here there's probably one more blog I should throw out there.

Many Most of us have probably heard of Dave Hinsburger, actually he's one of the authors of my latest book reviewed (Sexuality - Your Sons and Daughters with Intellectual Disabilities - a most excellent book, by the way and yes, it's yet another opportunity for me to remind you of the Book Reviews tab at the top of the page) but I, for one, wasn't aware that not only is a Dave a most-excellent resource on many disability issues, he also faces his own challenges. Dave uses a wheelchair to navigate his way through life in Toronto (and the rest of the country) and if you would like to know more about that, he welcomes you to join him, Rolling Around in My Head.

So there you have it, my little (blogging) community post - just trying to do my part to brighten up said community.  Because, despite it's many, many challenges, most days it's a pretty good place to live.

A Little Behind The Curve *

First promised advocated for approximately three years ago, then back in the news again nine months later, it appears to have finally come into being earlier this month. 

And, just as an aside, it would appear that the Liberals also got their wish - the government is providing $585,000 to establish the system, along with additional annual operational funding which is to increase to $945,000 over the next five years.

And just in case you're not familiar, here's everything you might ever want to know about the how and why of a 211 system.

* That title could, of course, refer to how long the 211 system took to come to Nova Scotia.  Or it could equally refer to how slow I was in getting around to blogging about it. Meh.

HEALTH AND WELLNESS--Mental Health Strategy Public Consultations

Nova Scotians will be able to help shape the province's future approach to mental health and addiction services as work on the Mental Health and Addictions Strategy moves into the public consultation phase.

The Mental Health and Addictions Advisory Committee, which is leading development of the strategy, will hold six public consultations across the province, beginning April 18 in Greenwood and ending May 16 with a consultation for the Francophone and Acadian communities. Consultations will also take place in Amherst, Sydney, Halifax and Bridgewater.

"I urge Nova Scotians to help us to revamp mental health and addiction services across our province by participating in the public consultations," said Health and Wellness Minister Maureen MacDonald "Your input will help us ensure better health care for you and your family."

The Mental Health and Addictions Strategy was announced in the March 2010 Throne Speech. Ms. MacDonald anticipates receiving the advisory committee's recommendations by October.

The advisory committee is composed of 12 health experts, researchers, mental health clinicians and people living with or affected by mental illness.

The committee has also been meeting with mental health and addictions groups as part of its work. To date, committee representatives have met with nearly 50 groups with more meetings planned for this month and May.

"The stakeholder consultations have provided invaluable information for the work of the advisory committee," said Joyce McDonald, co-chair of the Mental Health and Addictions Strategy Advisory Committee. "We have had the privilege to hear from many different individuals and groups as well as from professionals who work in the field."

People can also provide input online or through the mail. To comment online, and for more information on the strategy, go to www.nshrf.ca/mentalhealthandaddictionsstrategy. Call 902-424-4043 for a copy of the consultation questionnaire.

Dates for the consultations are:

--Greenwood, Monday, April 18, 8 a.m. - noon, 14 Wing Greenwood, Birchall Training Center, The Chamber Room

--Amherst, Tuesday, April 26, 8 a.m. - noon, 98, Victoria St. East, Tantramar Theatre

--Sydney, Wednesday, April 27, 8 a.m. - noon, Cape Breton University, 1250 Grand Lake Rd., Multi Purpose Room A and B

--Halifax, Tuesday, May 3, 1 p.m. - 5 p.m., Saint Mary's University, Burke Building, Burke Theatre B (Entrance off of Inglis Street)

--Bridgewater, Thursday, May 5, 9 a.m. - 12:30 p.m., South Shore Regional Hospital , Lecture rooms 1-3 (Third Floor)

The French consultation will be held in Halifax, Monday, May 16, 8 a.m. - noon at the Université Sainte-Anne, Campus de Halifax, 1589 Walnut St. It will also be broadcast to four communuities:

--Petit-de-Grat, Campus de Petit-de-Grat, 3433, route 206

--Pointe-de-l'Église, Campus principal de Pointe-de-l'Église
1695, route 1

--Grand-Étang, Campus de Saint-Joseph-du-Moine
12521, Cabot Trail

--Tusket, Campus de Tusket, 1, Slocumb Crescent

Just passing things on ... respond as you see fit.

PS This came by way of Michele Raymond, MLA (Halifax Atlantic)

Focus, People, Focus

Meaning that I attended a focus group last night.

Apparently the federal government will be starting a new ad campaign for the RDSP.  A print ad campaign (think magazines and newspapers), in particular and they were looking for different groups of people (in this case, parents of individuals) who would be eligible for the RDSP to try out some of their ideas on.

It was an interesting evening (yes, in part, because we were paid well for our time) to see both how many people were not even familiar, had not even heard of the RDSP and the different reactions to the different types of ads.  Would you believe that out of a group of 9 individuals, 5 had never heard of the RDSP? Pretty depressing from my point of view...

They did have some good ad ideas, though.  And, of course, some not so good.  One in particular that I really liked showed a mother and daughter with a headline that read "I'm afraid planning for her future".  I found that headline really effective, with the word "afraid" crossed out and replaced by "planning".

So here's to hoping this ad campaign gets going soon and more and more people become familiar with the RDSP.  Wouldn't it be great to get to the point of the RDSP being a familiar a term as the RRSP or RESP?

Ah, well, a girl can always dream ...

Yes, They Can

The Council for Exceptional Children holds an annual "Yes I Can!" competition.

This year 27 students were selected for excellence in one of nine categories: academics, arts, athletics, community service, employment, extracurricular activities, independent living skills, self-advocacy, and technology.



You can read about each of these individual's accomplishments on the CEC website.

And yes, two of them (Jake Anthony and Darlene Jakubowski) were Canadian. Interestingly, both from British Columbia. Something tells me that might just be significant.

At any rate, it reminds me of the old adage ... "Never Give Up".

H/T to the ed Week "On Special Education" Blog

Questions, Questions, Questions

I know, I know.

I am still not exactly being prolific in my writing over here - okay, I'm not writing much at all at the moment.

So, for now, I'm afraid you will have to satisfied with some tidbits, here and there, as they come.

Speaking of which, here's one for you - a RDSP Frequently Asked Questions sheet from Compas.

H/T to Adrian's comment at the RDSP blog