Orders declaring parentage and role of best interests of the child taken up at September parentage committee meetings

BCLI’s Parentage Law Reform Project Committee held two meetings in September. Both meetings continued the committee’s focus on section 31 of the Family Law Act, which gives the court authority to make orders declaring parentage. While such orders aren’t required in British Columbia (in contrast to other provinces, which often have legislation requiring them in specific circumstances, such as surrogacy arrangements), they may be sought if there is a dispute or any uncertainty about parentage. As a Read more…

Project Update: Engaging People Living with Dementia in Decision-Making

The Canadian Centre for Elder Law (CCEL) is collaborating on a three-year project with people living with dementia, their care partners, and health care providers. The goal of this project is to work with people with different kinds of disabilities to identify strategies that can support people living with dementia to be meaningfully involved in decision-making. In 2021 and 2022 we are consulting with people to identify barriers and strategies. The end goal is to Read more…

Making Decisions While Living With Dementia: An Interview With Craig Burns

In Canada, approximately 76,000 people are diagnosed with dementia every year. People living with dementia regularly face stigma and misconceptions that make living with the disease a challenge. Sometimes family members and professionals don’t recognize how someone living with dementia is capable of directing their own life choices. The Canadian Centre for Elder Law is collaborating with people living with dementia, their care partners, and other key stakeholders to address barriers to participating in decision-making. We work Read more…

Update on Medical Assistance in Dying in Canada

Introduction Medical Assistance in Dying (“MAiD”) has a long history in Canada. Previously known as assisted suicide, it made Canadian headlines in 1993, when the landmark case of Rodriguez v British Columbia (AG) 3 SCR 519 was decided. Sue Rodriguez challenged the Criminal Code provision that prevented assisted suicide, but in a 5-4 decision the Supreme Court upheld the Canadian Criminal Code provision. 22 years later in 2015, the Court in Carter v Canada (AG) Read more…

Parentage project committee continues its review of court declarations of parentage

At this month’s meeting of BCLI’s Parentage Law Reform Project Committee the committee continued its review of section 31 of the Family Law Act, which deals with the court’s powers to make an order declaring parentage. Since section 31 came into force, it has been the focus of many court decisions under part 3. There are questions about its reach, as court cases have considered whether declarations of parentage may still be made on an alternative Read more…