THE ADVOCATE 389
VOL. 77 PART 3 MAY 2019
care providers struggle to deliver appropriate care when family members
disagree about treatment or when people who lack capacity have no family
or friends to make their health care decisions. In these situations there is
confusion about what steps should be taken, including about the role of the
Office of the Public Guardian and Trustee. Although many health care
providers are doing their best under challenging circumstances, and in a
context of understaffing, there is a significant need for better education of
health care professionals and staff, as well as families, with respect to decision
making rights and responsibilities. There is also a need to provide better
support to staff on how to apply the law in practice.
Finally, there are areas where the law is neither adequate nor clear. One
challenge is the relationship between the Health Care (Consent) and Care
Facility (Admission) Act and the restraint provisions of the Residential Care
Regulation. These laws appear to conflict in instances where medication is
being used as a form of restraint. This is a significant problem because
chemical restraint is a prevalent practice in dementia care: people living
with dementia are sometimes restrained to prevent them from harming
themselves or others. This issue has been widely reported in the media,
with a focus on antipsychotics. The CCEL report expands the discussion of
the use of antipsychotics to include the concept of consent and includes recommendations
for addressing inconsistences between various laws and regulations
relevant to medication practices in long-term care.
The Health Care Consent Project was funded by the Law Foundation of
BC. The Law Foundation also funded an educational factsheet for people
living with dementia. The factsheet will be published in spring 2019, along
with an animated video on health care decision-making rights and responsibilities.
The video is funded by the Notary Foundation of BC.
The report’s 34 recommendations point to a need for change in many
areas. CCEL is keen to collaborate with key stakeholders to move some of
these recommendations forward.
REPORT ON INSURANCE ISSUES FOR STRATAS
In March 2019 BCLI published the Report on Insurance Issues for Stratas. The
report contains 11 recommendations for reform, which call for amendments
to the Strata Property Act, the Strata Property Regulation and the
Schedule of Standard Bylaws to improve the legal framework governing
insurance in a strata property.
The report recommends expanding the insurance mandate on strata corporations
to include directors-and-officers insurance. It sets out a new
approach to dealing with liability to pay a strata corporation’s insurance