Difference between pages "Crime Victim Assistance Program (4:III)" and "Abuse and Neglect of Seniors or Those with Disabilities (4:VII)"

Revision as of 23:00, 31 December 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 10, 2020.

Abuse and neglect of seniors and adults with disabilities occur when a family member, friend, caregiver or other person financially, physically, or emotionally abuses or neglects such an individual. Elder Abuse and abuse of adults with disabilities include physical, mental or emotional harm, and damage or loss in respect of financial affairs (i.e., financial abuse). Examples include intimidation, humiliation, physical assault, sexual assault, overmedication, withholding needed medication, censoring mail, invasion or denial of privacy, denial of access to visitors, and neglect. Many types of abuse, and some types of neglect, are criminal offences.

All types of abuse and neglect are harmful. Such abuse can occur because of lack of knowledge or understanding by a caregiver of an adult’s situation, or be very deliberate. The person causing the harm may have mental health difficulties, alcohol or substance use, or more complex psychosocial issues. Further, individuals who have suffered years of spousal abuse may also be susceptible to further neglect and abuse, such as financial abuse, by others.

Abuse or neglect of seniors and adults with disabilities is often hidden behind inquiries about benefits, services, and wills and estates. For instance, such an individual may inquire about housing benefits available to them. A little probing may uncover that the reason for wanting housing benefits is to escape an abusive relative who has taken control of their house. Individuals should watch for subtle indications of abuse and neglect.

Some older adults may be embarrassed to reveal abuse or neglect, particularly if a family member is involved. Some may not know how to get help, or be unsure if what they are experiencing is considered abuse or neglect. Some may worry about repercussions on their family member or caregiver. They may also fear retaliation from the person who harmed them. Or, they may fear losing services they need, losing their money, having to move, or breaking up the family. They may worry about not being believed.

The information below pertains to the many avenues victims or those acting in their best interests may chose to pursue, as well as lists available resources. Further information on how to address seniors’ abuse may also be found in Chapter 15: Adult Guardianship and Substitute Decision-Making.

A. Ending the Abuse or Neglect

Upon discovering a case of abuse or neglect of a senior or individual with disabilities, clinicians should provide information about what kind of help is available. Police respond to reports of persons in immediate danger or possible criminal offences. They investigate offences and can provide information about other agencies that may be able to help. Victim Service programs are located in community agencies or police stations. They provide emotional support, justice system information, safety planning, referrals to counselling and other services, help in accessing crime victim assistance benefits, and support to victims going to court.

Please see the end of the chapter for resources.

Part 3 of the Adult Guardianship Act, RSBC 1996, c 6 [AGA], has special provisions on abuse and neglect. These include physical, sexual, emotional, and financial forms of abuse/neglect. These provisions are aimed at adults unable to get help because of a physical restraint, a physical disability, or a condition that affects their ability to make decisions about the abuse or neglect.

Under Part 3 of the Act, Designated Agencies respond to reports of abuse or neglect involving adults in these circumstances and notify police if a criminal offence appears to have been committed. Designated Agencies under the Adult Guardianship Act include the five Regional Health Authorities, Providence Health Care Society, and Community Living BC. They can address a range of health and safety issues and help in informal or formal ways. Formal tools include gaining access to the adult in emergencies, obtaining orders or warrants, obtaining short and long-term restraining orders, and on occasion obtaining support and assistance court orders.

Designated Agencies often work with the Public Guardian and Trustee (PGT) in responding to abuse/neglect situations. Under the Public Guardian and Trustee Act, the PGT investigates reports of financial abuse or neglect, can restrict access to assets in emergencies where there is concern an adult may be mentally incapable, and may provide financial management services for adults incapable of managing their own affairs. The PGT makes referrals to Designated Agencies if there are concerns about physical risk or harm to the vulnerable adult. The link to the PGT’s Decision Tree can be found here.

For further information on supporting victims of elder abuse, see the Understanding and Responding to Elder Abuse E-Book here.

Other BC laws aiming to protect adults in financial and health-care matters include the Power of Attorney Act, the Representation Agreement Act, and the Health Care (Consent) and Care Facility (Admission) Act.

Remember that the victim may depend on their alleged abuser for financial or physical assistance. If the victim wants to make a report that may lead to the laying of information, moving to a transition house, or getting a protection order (see Section V.B.3: Protection Order, below), they may need to find alternate arrangements for financial or physical support that the abuser may have been providing. Some of the financial and social services available to the victim are listed below.

B. Legal Remedies

1. Criminal Charges

No BC legislation specifically addresses abuse of elders and adults with disabilities but the following Criminal Code sections may apply:

s 265: assault;
s 215(1)(c): duty of persons to provide necessaries to a person under their charge;

Financial abuse offences:

s 322: theft;
s 331: theft by person holding power of attorney; and
s 332: misappropriation of money held under direction.

Remember that a victim may be reluctant to make a report that may lead to the laying of an Information against a family member.

2. Peace Bond

Pursuant to ss 810 and 811 of the Criminal Code, a peace bond requires that the abusive person “keep the peace” for up to 12 months or face a possible prison sentence.

3. Protection Order

A protection order (formerly referred to as a restraining order) restricts contact between the abused and abuser and is available pursuant to s 183 of the FLA, but only if the abused is a spouse or family member that lives with the abuser. The FLA defines “spouse” as someone who is married to another person or has lived with another person in a marriage-like relationship and has done so for a continuous period of two years or has children with another person. The Act defines a “family member,” with respect to a person, as that person’s spouse or former spouse; a person with whom the person is living, or has lived, in a marriage-like relationship; a parent or guardian of the person’s child; a person who lives with and is related to the person; or the person’s child.

A restraining order can also be obtained under s 56(3)(c) of the AGA. It is necessary to note the defendant’s date of birth when applying for the restraining order so that it is not placed against the wrong individual. Applicants should remember to include a Police Enforcement Clause so that the police are required to act on breaches. Once the order is in place, it is registered with Protection Order Registry, which is accessible by police.

4. Conditional Release or Probation

Another way to protect the victim is to contact the Crown if the abuser has been charged and, on a finding of guilt, to get conditions placed on the abuser’s release or probation order restricting contact between the abuser and the victim. Keep in mind that the burden of proof is higher in criminal matters (i.e., beyond a reasonable doubt) than civil matters (i.e., on a balance of probabilities), including when proving a breach of conditions.

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-{{REVIEWED LSLAP | date= August 7, 2020}}
+{{REVIEWED LSLAP | date= August 10, 2020}}
 {{LSLAP Manual TOC|expanded = victims}}
-The ''Crime Victim Assistance Act'' [''CVAA''] is the primary piece of legislation that governs the Crime Victim Assistance Program (CVAP).
+Abuse and neglect of seniors and adults with disabilities occur when a family member, friend, caregiver or other person financially, physically, or emotionally abuses or neglects such an individual.  Elder Abuse and abuse of adults with disabilities include physical, mental or emotional harm, and damage or loss in respect of financial affairs (i.e., financial abuse).  Examples include intimidation, humiliation, physical assault, sexual assault, overmedication, withholding needed medication, censoring mail, invasion or denial of privacy, denial of access to visitors, and neglect.  Many types of abuse, and some types of neglect, are criminal offences.
-Although the CVAA and the ''Criminal Injury Compensation Act'', RSBC 1996, c 85 [''CICA''] are both in force, it is expected that the ''CICA'' will ultimately be repealed.  The transitional provisions of the ''CVAA'' allow previously adjudicated claims under the old Act to be transferred to the new Act for ongoing administration and for any further reviews.
+All types of abuse and neglect are harmful.  Such abuse can occur because of lack of knowledge or understanding by a caregiver of an adult’s situation, or be very deliberate.  The person causing the harm may have mental health difficulties, alcohol or substance use, or more complex psychosocial issues.  Further, individuals who have suffered years of spousal abuse may also be susceptible to further neglect and abuse, such as financial abuse, by others.
-It is important to remember that, unlike under the old Act, a person cannot be awarded damages for pain, suffering, mental trauma, etc. under the ''CVAA'' – although a person can be awarded a variety of benefits, such as counselling, medical expenses, and other services or expenses. The CVAP replaces the Criminal Injury Compensation Program. The Victim Services and Crime Prevention Division of the Ministry of Public Safety and Solicitor General administers this program.
+Abuse or neglect of seniors and adults with disabilities is often hidden behind inquiries about benefits, services, and wills and estates.  For instance, such an individual may inquire about housing benefits available to them.  A little probing may uncover that the reason for wanting housing benefits is to escape an abusive relative who has taken control of their house.  Individuals should watch for subtle indications of abuse and neglect.
-The CVAP has been developed in response to the changing needs of victims and others impacted by violent crime.  Benefits are available to victims of crime, their immediate family members, and those who meet the legislation’s definition of “witness”.  One should note that the Program is '''not''' based on a compensation model, but rather is based on a financial assistance model.  This provides eligible claimants with financial support as well as additional services and assistance to aid in their recovery from the physical and psychological effects of their victimization, and to offset the costs of the victimization.
+Some older adults may be embarrassed to reveal abuse or neglect, particularly if a family member is involved.  Some may not know how to get help, or be unsure if what they are experiencing is considered abuse or neglect.  Some may worry about repercussions on their family member or caregiver.  They may also fear retaliation from the person who harmed them.  Or, they may fear losing services they need, losing their money, having to move, or breaking up the family.  They may worry about not being believed.
-Under the ''CVAA'', a victim can still:
+The information below pertains to the many avenues victims or those acting in their best interests may chose to pursue, as well as lists available resources.  Further information on how to address seniors’ abuse may also be found in '''Chapter 15: Adult Guardianship and Substitute Decision-Making'''.
-*initiate civil proceedings on their own
-*make a claim under the Act
-If a victim wishes to initiate civil proceedings after making an application under the ''CVAA'', the CVAP Director must receive a copy of the notice of civil claim within 10 days of service on the defendant (''CVAA'', s 15(1)).  After paying fees and disbursements, any money awarded to the victim in the civil proceedings must go toward paying back the money they received under the ''CVAA''.
+== A. Ending the Abuse or Neglect ==
-The fact that an accused has not been criminally charged or has been acquitted of criminal charges is not a bar to commencing civil proceedings as the legal issues and the standard of proof are different. The difficulty with recovering anything directly from the accused is that there is seldom anything to be collected.
+Upon discovering a case of abuse or neglect of a senior or individual with disabilities, clinicians should provide information about what kind of help is available.  Police respond to reports of persons in immediate danger or possible criminal offences.  They investigate offences and can provide information about other agencies that may be able to help.  Victim Service programs are located in community agencies or police stations.  They provide emotional support, justice system information, safety planning, referrals to counselling and other services, help in accessing crime victim assistance benefits, and support to victims going to court.
-Moreover, the procedure for making an application for assistance under the ''CVAA'' is less complicated than initiating a civil action.
+Please see the end of the chapter for resources.
+Part 3 of the ''Adult Guardianship Act'', RSBC 1996, c 6 [''AGA''], has special provisions on abuse and neglect.  These include physical, sexual, emotional, and financial forms of abuse/neglect.  These provisions are aimed at adults unable to get help because of a physical restraint, a physical disability, or a condition that affects their ability to make decisions about the abuse or neglect.
-=== 1. The ''CVAA'' Does Not Apply to All Offences ===
+Under Part 3 of the Act, Designated Agencies respond to reports of abuse or neglect involving adults in these circumstances and notify police if a criminal offence appears to have been committed.  Designated Agencies under the ''Adult Guardianship Act'' include the five Regional Health Authorities, Providence Health Care Society, and Community Living BC.  They can address a range of health and safety issues and help in informal or formal ways.  Formal tools include gaining access to the adult in emergencies, obtaining orders or warrants, obtaining short and long-term restraining orders, and on occasion obtaining support and assistance court orders.
-The ''CVAA'' applies to offences involving violence, as opposed to property-related offences.  The list of offences for which the ''CVAA'' applies is set out in the Schedule of Offences that can be found in Schedule 1 of the ''Crime Victim Assistance (General) Regulations''.  The ''CVAA'' does not apply where the injury or death of the victim occurred:
+Designated Agencies often work with the Public Guardian and Trustee (PGT) in responding to abuse/neglect situations.  Under the ''Public Guardian and Trustee Act'', the PGT investigates reports of financial abuse or neglect, can restrict access to assets in emergencies where there is concern an adult may be mentally incapable, and may provide financial management services for adults incapable of managing their own affairs.  The PGT makes referrals to Designated Agencies if there are concerns about physical risk or harm to the vulnerable adult.  The link to the PGT’s Decision Tree can be found [https://www.trustee.bc.ca/reports-and-publications/Pages/Decision-Tree.aspx here].
-*in relation to an offence that occurred on or before July 1, 1972 (this is when the ''CICA'' came into effect);
-*as the result of a motor vehicle offence, other than an assault using the motor vehicle;
-*out of, and in the course of their employment; for which compensation is payable through workers' compensation; or
-*outside of British Columbia. For resources for those outside of British Columbia, please refer to the resources listed on page 4-12.
-The ''CVAA'' does not apply when the applicant is a party to the prescribed offence.
+For further information on supporting victims of elder abuse, see the Understanding and Responding to Elder Abuse E-Book [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/victims-of-crime/vs-info-for-professionals/info-resources/elder-abuse.pdf here].
+Other BC laws aiming to protect adults in financial and health-care matters include the ''Power of Attorney Act'', the ''Representation Agreement Act'', and the ''Health Care (Consent) and Care Facility (Admission) Act''.
-=== 2. Who is Eligible and What They May Receive ===
+Remember that the victim may depend on their alleged abuser for financial or physical assistance.  If the victim wants to make a report that may lead to the laying of information, moving to a transition house, or getting a protection order (see '''Section V.B.3: Protection Order''', below), they may need to find alternate arrangements for financial or physical support that the abuser may have been providing. Some of the financial and social services available to the victim are listed below.
-== A) Victims ==
-Under this Act, “victim” means a person who is injured or killed as a direct result of either a prescribed offence or when acting as a “good Samaritan” while:
+== B. Legal Remedies ==
-#lawfully arresting or attempting to arrest a person, or assisting or attempting to assist a peace officer to arrest a person, in respect of a criminal offence; or
-#lawfully preventing or attempting to prevent an offence or a suspected offence under the Criminal Code or assisting or attempting to assist a peace officer to do so.
-Victims may be eligible for the following benefits:
+=== 1. Criminal Charges ===
-*medical or dental services or expenses
-*disability aids
-*vocational services or expenses
-*repair or replacement of damaged or destroyed personal property (glasses, disability aids or clothing only - not stolen property)
-*vehicle modification or acquisition for disabled victims
-*maintenance for a child born as a result of the prescribed offence
-*lost earning capacity (in relation to long term injuries)
-*prescription drug expenses
-*counselling services or expenses
-*protective measures, services or expenses for high-risk victims
-*home modification, maintenance or moving expenses
-*income support
-*transportation and related expenses
-*crime scene cleaning
+No BC legislation specifically addresses abuse of elders and adults with disabilities but the following ''Criminal Code'' sections may apply:
+*s 265: assault;
+*s 215(1)(c): duty of persons to provide necessaries to a person under their charge;
+Financial abuse offences:
+*s 322: theft;
+*s 331: theft by person holding power of attorney; and
+*s 332: misappropriation of money held under direction.
-== B) Immediate Family Members ==
+Remember that a victim may be reluctant to make a report that may lead to the laying of an Information against a family member.
-Immediate family members may be eligible for the following benefits:
-*counselling services or expenses
-*vocational services or expenses
-*income support for dependent family members of a deceased victim
-*prescription drug expenses (related to psychological trauma)
-*funeral expenses
-*transportation and related expenses
-*earnings loss due to bereavement leave
-*homemaker and child care expenses
-*crime scene cleaning
-Under this Act, “Immediate Family Members” include persons who at the time of the offence were:
+=== 2. Peace Bond ===
-#a spouse, child, sibling, step sibling, half sibling or parent of the victim, and, for this purpose,
+Pursuant to ss 810 and 811 of the ''Criminal Code'', a peace bond requires that the abusive person “keep the peace” for up to 12 months or face a possible prison sentence.
-##"spouse" means a person who:
-##*is married to the victim;
-##*is living and cohabiting with the victim in a marriage-like relationship; or
-##*was qualified as a spouse under law or was entitled to maintenance/alimony/support when the incident occurred
-##"child" includes:
-##*a child to whom the victim stands in the place of a parent;
-##*a child who is eligible for child support under another enactment;
-##*a child of the victim born after the death of the victim; or
-##*an adult to whom the victim stood in the place of a parent when the adult was a child
-##"parent" includes:
-##*a person who stands in the place of a parent to the victim; or
-##*a person who stood in the place of a parent to the victim when the victim was a child
-#if dependent in whole or in part on the victim for financial support, a grandparent or grandchild of the victim.
-== C) Witnesses ==
+=== 3. Protection Order ===
-"Witness" is a person who, although not necessarily related to a victim, has a strong emotional attachment to the victim and who:
+A protection order (formerly referred to as a restraining order) restricts contact between the abused and abuser and is available pursuant to s 183 of the ''FLA'', but only if the abused is a spouse or family member that lives with the abuser.  The ''FLA'' defines “spouse” as someone who is married to another person or has lived with another person in a marriage-like relationship and has done so for a continuous period of two years or has children with another person.  The Act defines a “family member,” with respect to a person, as that person’s spouse or former spouse; a person with whom the person is living, or has lived, in a marriage-like relationship; a parent or guardian of the person’s child; a person who lives with and is related to the person; or the person’s child.
-#is a witness in close proximity to:
+A restraining order can also be obtained under s 56(3)(c) of the ''AGA''.  It is necessary to note the defendant’s date of birth when applying for the restraining order so that it is not placed against the wrong individual.  Applicants should remember to include a Police Enforcement Clause so that the police are required to act on breaches.  Once the order is in place, it is registered with Protection Order Registry, which is accessible by police.
-#*a prescribed offence that causes a life-threatening injury to, or the death of, the victim; or
-#*the immediate aftermath of a prescribed offence that causes the death of the victim, in circumstances that are sufficient to alarm, shock, and frighten a reasonable person with that emotional attachment to the victim, and
-#suffers psychological harm that:
-#*is diagnosed by a registered psychologist or a medical or nurse practitioner as a recognized psychological or psychiatric condition; and
-#*in the opinion of the person who makes the diagnosis, is the result of the circumstances in subparagraph 1.
-Witnesses may be eligible for counselling, related prescription drug expenses, transportation expenses to attend counselling, and crime scene cleaning expenses.
+=== 4. Conditional Release or Probation ===
-=== 3. Application for Benefits ===
+Another way to protect the victim is to contact the Crown if the abuser has been charged and, on a finding of guilt, to get conditions placed on the abuser’s release or probation order restricting contact between the abuser and the victim.  Keep in mind that the burden of proof is higher in criminal matters (i.e., beyond a reasonable doubt) than civil matters (i.e., on a balance of probabilities), including when proving a breach of conditions.
-	The application forms are available from the CVAP (contact information is at the beginning of the chapter under '''Resources''') or from any police department, victim service program, and many community agencies.  They are also available on the [https://www2.gov.bc.ca/gov/content/justice/criminal-justice/bcs-criminal-justice-system/if-you-are-a-victim-of-a-crime/victim-of-crime/financial-assistance-benefits Victim Services page of the Ministry of Justice website].
-The CVAP staff will then obtain a police report of the incident (if the matter was reported to the police) and other supporting documents.  When describing what happened on the application form, an applicant should give a general but clear statement of the event, and then make reference to the police report for additional details.  They should include on the application:
-*the date the report was made to the police as well as the police report number if a police report has been made (although a police report is highly advisable it is not mandatory)
-*if a police report was not made, information should be provided as to why the incident was not reported and if possible, names of any witnesses, persons to whom a disclosure was made or to whom the incident was reported should be provided
-*information about what occurred
-*information about any physical or psychological injuries they may have received
-*names of any doctors, counsellors, or anyone else that has been seen as a result of the injuries
-*original receipts for expenses incurred as a result of the injuries. If the applicant has access to funding from other sources in relation to these expenses (e.g. extended health coverage, personal disability insurance, etc.) the original receipts should be sent to this funding source first and then CVAP will consider paying any remaining outstanding balance.
-Minors can submit an application on their own and do '''not''' require a parent or guardian to apply on their behalf.  However, applications for minors may also be submitted by their parent or guardian.  A parent or guardian is not required because some parents or guardians may be supportive of the offender or feel that there is a stigma associated with the victimization.  In addition, some children do not want to have their parents know of the offence.  In cases where the offender is the victim’s parent, the Ministry of Children and Family Development may take custody of the victim.  In this case, a representative of the Ministry can make an application on behalf of the child.
-Depending on the case, the applicant may be interviewed by the adjudicator.  In rare circumstances, the applicant may be examined by the Program’s consulting medical practitioner if there are questions about the long-term nature of the physical injuries sustained.
-The Program will gather additional supporting information from a variety of sources such as medical, hospital, dental, employer reports, and information from CPP, Ministry of Social Development, or other sources relevant to the particular claim.
-The decision regarding eligibility and entitlement to benefits involves a two-step process in which the adjudicator first determines whether the person is an eligible applicant and then determines what benefits, if any, will be provided.  The decision will be made in writing and will set out the factors considered in making the determination.
-=== 4. Limitation Period ===
-Generally, an application must be made within one year of the date of the offence or event.  There are exceptions to the one-year time limit, as follows:
-*if the offence involves a sexual offence, there is no time limit for making an application (other than that the offence must have occurred on or after July 1, 1972).
-*if the applicant is a minor, they have one year from the date they turn 19 to make an application. There is no time limit for the victim if the offence is a sexual offence. However, a minor does not have to wait until they are 19 to make a claim. Minors can submit an application on their own and do not need a parent or guardian to apply on their behalf. A parent or guardian may also submit an application for the minor.
-The Director also has discretion to extend the one-year time limit if satisfied that the application could not reasonably have been made within one year from the date of the offence or one year from the date the applicant turned 19.
-=== 5. Denials or Reductions in Benefits ===
-Benefits can be denied if:
-*the victim does not meet the eligibility criteria;
-*the victim was a party to the offence that caused their injury or death; and/or
-*they fail to cooperate with law enforcement authorities.
-Benefits can be denied or reduced if:
-*the benefits are available from another source for a same or similar purpose; and/or
-*the applicant contributed to the circumstances giving rise to the injury or death.
-=== 6. Payment of Benefits ===
-Payments can be provided directly to the service provider, such as a counsellor, or as reimbursement to the applicant for expenses that were incurred prior to the decision being completed.  Some applicants are eligible for income support or lost earning capacity benefits that are provided on a monthly basis.
-=== 7. Does the Alleged Offender Have to Be Charged or Convicted? ===
-A police report is '''not''' required and it is not necessary for an offender to be identified, charged or convicted in order for an applicant to be eligible for benefits.  Where the victim has not reported the offence to the police, information from a witness or someone the applicant disclosed the incident to, or a report from a health care professional, counsellor, social worker or other agency may be accepted as supporting evidence of the offence.
-=== 8. Co-operation with Law Enforcement ===
-Since the Program is part of the criminal justice system and is a publicly funded program, there is an expectation that the victim will cooperate with the police and Crown counsel in order to hold offenders accountable. There are some exceptions in relation to issues of non-cooperation, but in general, benefits may be denied or reduced if the applicant has no reasonable basis for failing to cooperate with law enforcement.
-=== 9. Prior Claims with the Criminal Injury Compensation Program (CICP) ===
-Applications received prior to June 30, 2002 will have been adjudicated under the ''CICA'' by the CICP.  Once a final determination was made under the ''CICA'', ongoing administration of the claim transfers to the CVAP and any further reviews for reassessment or reconsideration will be conducted in accordance with the ''CVAA''.
-If a person was receiving a pension from the CICP, they will remain eligible for an ongoing pension, subject to the same conditions and limitations, except where there is a change in circumstance such that their injury improves or worsens.  In cases where there is a change in their condition, their claim will be reviewed under the provisions of the ''CVAA''.
-=== 10. Type of Reviews ===
-Once an original adjudication is completed, there are two types of reviews available.  Under s 12 of the ''CVAA'', if there is new information available or there has been a change of circumstance that could affect the applicant’s eligibility for benefits, a '''reassessment''' decision can be completed.
-Under s 13 of the ''CVAA'', an applicant or their legal representative may request the Director to reconsider a decision.  This request must be made in writing, identifying the error made in the decision to be '''reconsidered''' and be delivered to the Director '''within 60 days''' from the date the decision was made.
-The Director may extend the time limit for making the request for reconsideration if satisfied that a request for reconsideration could not reasonably have been '''delivered''' within the limitation period.  Note that since the legislation restricts consideration to whether or not the request could have been “delivered” within the requisite time period, there are limited grounds for an extension (e.g. interruption of mail service, the applicant moved and the decision was returned to the program for re-direction, etc.).
-A reconsideration decision is considered final and conclusive and is not subject to further review except by way of a '''judicial review'''. The legislation provides that an application for judicial review on a question of law or excess of jurisdiction must be brought not later than '''60 days''' after the decision is made. The application is made to the provincial or territorial Superior Court (e.g., Supreme Court of British Columbia). Once the application is accepted, the Superior Court decides whether to set aside the adjudicator’s decision and to order for a re-hearing. Winning at the judicial review hearing is not a guaranteed win at the new adjudicative hearing. For more information, consult [https://judicialreviewbc.ca/wordpress/wp-content/uploads/2016/09/Judicial-review-guide-PLUS-App-A_Nov-52015.pdf this].
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