722 V O L . 7 5 P A R T 5 S E P T E M B E R 2 0 1 7 THE ADVOCATE
• Malcolm Schyvens, Deputy President, Division Head – Guardianship
Division, New South Wales, Australia Civil and Administrative
• The Honourable Justice C. Adèle Kent, Executive Director,
National Judicial Institute
• Jay Chalke, Q.C., Ombudsperson for B.C.
Justice Kent’s exposition of what judges know and do not know about the
social and health care context surrounding aging in Canada will support
strategic planning about the use of expert evidence in litigation involving
older adults. Mr. Chalke will offer his thoughts on creating systemic change
for seniors in B.C., reflecting on his experiences as Ombudsperson for B.C.;
Assistant Deputy Minister, Justice Services Branch at the Ministry of Justice;
B.C.’s first Public Guardian and Trustee; and Deputy Public Guardian
and Trustee for Ontario.
At this year’s conference, we will offer two panels on the hot topic of
medical assistance in dying (“MAiD”). One panel will feature physician
experiences on the ground, offering practical information on how to support
clients and family members to access MAiD when they wish to. A second
panel will discuss the controversial policy topic of whether advance
consent to MAiD is appropriate.
A number of panels will address mental capacity and decision making.
Our conference always offers comparative perspectives to support practice
and law reform, and this year two of the sessions on mental capacity
include speakers from jurisdictions who have worked with a tribunal system
for substitute decision making. The conference will feature a conversation
between the executive directors of the BCLI and the Law Commission
of Ontario (“LCO”) on the LCO’s recently published report on Legal Capacity,
Decision-making and Guardianship to explore what the findings suggest
for practice and law reform in B.C. Malcolm Schyvens of the Guardianship
Division, NSW Civil and Administrative Tribunal will share his knowledge
on what has worked and not worked in Australia.
Other panels on mental capacity will address practical topics such as
undue influence and independent legal advice (“ILA”)—how to interview
and when to insist on ILA, and legal routes for intervention in instances
of self-neglect in B.C., considering both the Mental Health Act and the
Adult Guardianship Act. Emily Clough will be speaking about capacity to
A number of panels will address topics embracing both legal and financial
aspects. We have presenters booked to speak on: