Legal Capacity and Decision-making: Moving Towards Reform of Ontario Law, Policy and Practice

Event Date: Mar 29, 2016

Recording | Related Resources

The Law Commission of Ontario (LCO) is an independent agency with a mandate to carry out research and public consultations aimed at making Ontario’s laws more effective, accessible and just. The LCO has undertaken a major project to re-examine Ontario’s laws, policies and practices related to legal capacity, consent, substitute decision-making and guardianship. This is an area of the law that has profound effects on individuals whose decision-making abilities are impaired by illness or disability, on family caregivers, and on those who provide services to or advocate for these groups. There are longstanding concerns that this area of the law is complex, poorly understood, difficult to navigate, and often poorly implemented or even misused. 

The LCO has conducted wide ranging public consultations, and has heard from approximately 600 individuals and organizations with a variety of experiences and perspectives. It has also conducted extensive research to better understand the issues and to identify ways to move forward. In early January 2016, the LCO released its Interim Report, containing 54 draft recommendations for reform to law, policy and practice. Feedback on this Interim Report will assist with the development of a Final Report with recommendations. This presentation will outline the priorities and approaches to reform that have been proposed.