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May Advocate 2017

THE ADVOCATE V O L . 7 5 P A R T 3 M A Y 2 0 1 7 419 matic and context-sensitive theory”, which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party through constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role, along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system. Professor Katie Sykes, in partnership with B.C. Aboriginal Business Service Network and the Community Futures Development Corporation of Central Interior First Nations, has received financial support from TRU’s new Community-Driven Research Fund. The project, entitled “Guidance on Articles of Incorporation for Community Businesses Operated by Women and Indigenous People”, is intended to result in the development of articles of incorporation templates and user-friendly guidance tailored to the needs of business owners, specifically women and Indigenous people, who often face barriers to the costly legal assistance required for incorporation. Professor Margaret Hall has received a $5,000 grant from the Foundation for Legal Research for a project entitled “Adult Protection: A Qualitative Research Study Examining Implementation/Awareness of British Columbia’s Adult Guardianship Act (Part 3)”. Part 3 of the Adult Guardianship Act, R.S.B.C. 1996, c. 6 was proclaimed in 2000 to set out a novel approach to adult protection in the province. The Act provides that abuse or neglect of adults who have a “physical handicap” or an “illness, disease, injury or other condition that affects their ability to make decisions about the abuse or neglect” may be reported to a “designated agency”. That agency then investigates and, if abuse or neglect is substantiated, makes an offer of services and support as set out in the Act. The adult is free to accept or refuse the assistance offered, unless it is determined that the adult may not be mentally capable of refusing, in which case a capacity assessment will follow and, possibly, a response provided without the consent of the adult. Powers given to a designated agency by the legislation include the power to investigate, the right to information, the power to request court-enforced support and assistance, and the right to take emergency measures to preserve life and prevent harm, such as the right to enter premises without permission. The B.C. model is an alternative to the kind of legalistic adult protection model in place in most American states (involving legislation, structures and responses analogous to child protection). The philosophy underlying the B.C. model is the maximization of individual autonomy through empha-


May Advocate 2017
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