Most people are unaware of the rules for making substitute healthcare decisions for their incapable loved ones. The possibility that medical resources such as ventilators may be limited due to COVID-19 cases can only add to the stress and burden of substitute decision-making. Quarantine restrictions in health facilities have left substitute decisions makers (SDMs) without […]

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Yesterday, Quebec City police arrested a woman diagnosed with COVID-19 for defying a quarantine order. What are provincial and federal government powers to enforce a quarantine?  What other powers are available to governments to address public health emergencies such as COVID-19? Legislation exists at both provincial and federal levels to tackle such issues. Ontario – […]

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Today, a judge of the Superior Court of Justice ordered bail in a bail review case in part due to concerns over potential outbreaks of COVID-19 within Ontario prisons.  In R. v. J.S., the court found a material change in circumstances and granted bail, specifically commenting as follows: “In my view, the greatly elevated risk […]

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Alex commented on two capacity cases in an article in this month’s The Walrus magazine. The article: Why Aren’t We Free to Age on Our Own Terms? discusses Public Guardians and incapacity findings across the country and is a great read. Disputing an incapacity finding is unfortunately not a straight forward task. The path to […]

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