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Laws Impacting the Exercise of Legal Capacity

https://courses.cdacanada.com/wp-content/uploads/2020/07/Slide-5.mp3
  • Laws (legislation) which regulate legal capacity cover the following areas:
    • Guardianship
    • Powers of attorney
    • Legal recognition of support people
    • Health care decisions
    • Adult protection
  • These laws are all provincial/territorial and are different in each jurisdiction
  • Caselaw
    • Example – Starson v. Swayze, Supreme Court of Canada, 2013 (capacity to make treatment decisions)

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Slides

  • Agenda

  • Legal Capacity

  • Legal Capacity: Implications for People with Communication Disabilities

  • Laws Impacting the Exercise of Legal Capacity

  • Capacity Laws: Capacity Criteria/Tests

  • Features of Legal Capacity

  • Capacity Assessment

  • Decision-Making with Support People

  • Substitute Decision-Making

  • Equality and Accessibility – Legal Sources

  • Human Rights Acts and the Duty to Accommodate

  • Duty to Accommodate, Legal Capacity and People with Communication Disabilities

  • Canadian Charter of Rights and Freedoms

  • Convention on the Rights of Persons with Disabilities (CRPD)

  • Session 3 Completed

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