Difference between pages "Abuse and Neglect of Seniors or Those with Disabilities (4:VII)" and "Trauma Informed Lawyers and Restorative Justice (4:X)"

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Revision as of 23:04, 31 December 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 7, 2020.

LSLAP Manual
This page is from the Law Students' Legal Advice Program Manual. See the full contents.
LSLAP Manual
Introduction
Chapters
1. Criminal Law · I. Introduction · II. Governing Legislation and Resources · III. Etiquette · IV. Criminal Charges · V. Substantive Law · VI. Resolving Prior to Trial · VII. Pleading Not Guilty/Trial · VIII. Other Issues · IX. Charter of Rights and Freedoms · X. LSLAP Policies · XI. Information for LSLAP Students · XII. Etiquette for Law Students · XIII. Practice Recommendations · Appendix A: Initial Sentencing Position · Appendix B: Sample Information · Appendix C: Diversion Application · Appendix D: Sentencing Hearing · Appendix E: Trial Books · Appendix F: Glossary
2. Youth Justice · I. Introduction · II. Governing Legislation and Resources · III. Youth Criminal Justice Act · IV. Youth Justice (British Columbia) Act · Appendix A: Glossary
3. Family Law · I. Introduction · II. Governing Legislation and Resources · III. Marriage · IV. Divorce · V. Uncontested Divorce · VI. Simple Divorce Procedure · VII. Alternatives to Divorce · VIII. Family Violence · IX. Assets · X. Spousal and Child Support · XI. Parenting Orders/Guardianship/Contact · XII. Children and the Law · XIII. Adoption · XIV. Name Changes · XV. Court Procedures · Appendix A: Glossary
4. Victims · I. Introduction · II. Governing Legislation · III. Crime Victim Assistance Program · IV. Avenues to Address Crime · V. Victims of Sexual Assault · VI. Victims of Relationship Violence · VII. Seniors or Those with Disabilities · VIII. Victims of Human Trafficking · IX. Missing Persons and Abductions · X. TIP and Restorative Justice · XI. Resources for Indigenous Victims · XII. Referrals and Follow-up
5. Public Complaints · I. Introduction · II. Governing Legislation and Resources · III. Review of Administrative Decisions · IV. Privacy or Access to Information · V. Complaints against the Police · VI. Complaints against Security Guards · VII. The Right to Vote · VIII. Complaints regarding UBC · IX. Complaints regarding SFU · X. Complaints Re: Other Universities · XI. Complaints against Doctors · XII. Complaints against Lawyers · Appendix A: Glossary · Appendix B: Sample Notice Letter
6. Human Rights · I. Introduction · II. Governing Legislation and Resources · III. BC Human Rights Code · IV. Canadian Human Rights Act · V. BC Civil Rights Protection Act · VI. Rights of the Child · VII. LSLAP's Role · VIII. Indigenous Complainants · IX. Online Mediations & Hearings
7. Workers' Compensation · I. Introduction · II. Governing Legislation & Policy · III. Introduction to Compensation Claims · IV. LSLAP's Role · V. Limitation Periods & Timing of Decisions · VI. Making a Claim · VII. The Claim Acceptance Process · VIII. Worker Status · IX. Disability and Causation · X. Time Limits & Procedures · XI. Claim Benefits · XII. Appeals · XIII. Health & Safety Regulations · XIV. Assessments of Employers · XV. The WCB Fair Practices Officer · Appendix A: Abbreviations · Appendix B: List of Cases · Appendix C: Referrals · Appendix :D Resources · Appendix E: Claims Process · Appendix F: Checklist for Interviews · Appendix G: Checklist for Appeals · Appendix H: Sample Authorization Form
8. Employment Insurance · I. Introduction · II. Governing Legislation and Resources · III. Qualifying for EI · IV. Types of Benefits · V. Benefit Period · VI. Quantifying Benefits · VII. Benefit Entitlement · VIII. Penalties, Violations, and Offences · IX. Keeping Out of Trouble · X. Timing for Reporting · XI. Overpayment and Collections · XII. Reconsideration · XIII. Social Security Tribunal · XIV. Appeals · XV. Judicial Review · XVI. LSLAP's Use of This Chapter · Appendix A: Initial Application Checklist
9. Employment Law · I. Introduction · II. Governing Legislation and Resources · III. Checklist · IV. Preliminary Matters · V. Employment Issues · VI. Remedies · VII. Strategies and Tips · Appendix A: Glossary
10. Creditors and Debtors · I. Introduction · II. Governing Legislation and Resources · III. Creditors' Remedies · IV. Debtors' Options · V. Dealing with Debt · Appendix A: Relevant Forms · Appendix B: Examination Checklist
11. Consumer Protection · I. Introduction · II. Governing Legislation and Resources · III. Contracts for Sale of Goods · IV. Consumer Protection · V. Direct Sales · VI. Conditional Sales Contracts · VII. Motor Dealer Act · VIII. Miscellaneous · IX. Forum of Redress · X. Consumer Transactions
12. Auto Insurance (ICBC) · I. Introduction · II. Governing Legislation and Resources · III. Basic Coverage · IV. Optional Insurance · V. Seeking Legal Counsel · VI. Disputes with ICBC · VII. When You Can Still Sue · VIII. On or Before April 30 2021 · IX. Limitation on Experts · X. Compulsory Coverage · XI. Optional Insurance · XII. Personal Injury Claims · XIII. Out-of-Province
13. Motor Vehicle Law · I. Introduction · II. Governing Legislation and Resources · III. At the Roadside · IV. Duties after a Collision · V. Violation Tickets · VI. Provincial Offences · VII. Vehicle Impoundment · VIII. Superintendent · IX. Alcohol and Drugs · X. Federal Offences · XI. Driving While Prohibited · XII. ICBC Breaches · XIII. Bicycles · XIV. LSLAP Program Information · Appendix A: Penalty Points and Fines
14. Mental Health Law · I. Introduction · II. Governing Legislation and Resources · III. Theory and Approach · IV. Legal Rights · V. Patient Admission · VI. Consent to Medical Treatment · VII. Involuntarily Admitted · VIII. Youth · IX. Criminal Code · X. Complaints · XI. References · XII. LSLAP File Administration Policy
15. Adult Guardianship · I. Introduction · II. Governing Legislation · III. Mental Capacity · IV. Substitute Decision Making · V. Adult Guardianship · VI. Adult Abuse and Neglect · VII. Sources and Resources · Appendix A: EPOA · Appendix B: Decision Tree
16. Wills and Estate Administration · I. Introduction · II. Governing Legislation and Resources · III. Making and Executing · IV. Mistakes and Alterations · V. Court's Power · VI. Revocation · VII. Wills Variation Claims · VIII. Intestacy · IX. Property · X. First Nations and Wills · XI. Estate Administration · XII. Duties of a Personal Representative · XIII. Taxation: RRSP & RRIF & TFSA · XIV. LSLAP File Administration Policy · Appendix A: Questionnaire · Appendix B: Checklist · Appendix C: Glossary
17. Citizenship · I. Introduction · II. Governing Legislation and Resources · III. Who is a Canadian Citizen? · IV. Advantages & Responsibilities · V. Citizenship Grants · VI. Applying for Citizenship Grant · VII. Loss and Renunciation · VIII. Proof · IX. Search of Citizenship Record · X. Referrals
18. Immigration Law · I. Introduction · II. Governing Legislation and Resources · III. Players · IV. Categories of Persons · V. PR Application · VI. Identifications · VII. IRB · VIII. Loss of PR · IX. Temporary Residence Matters · X. Removal Orders · XI. Appeals · XII. Offences · XIII. Issues at Sentencing · XIV. Contacts
19. Landlord and Tenant Law · I. Residential Tenancy Act · II. Tenancy Agreements · III. Moving In and Moving Out · IV. Security Deposits · V. Repair and Service · VI. Rent Increase · VII. Tenant's Rights · VIII. Subletting and Assignment · IX. Termination/Eviction · X. Dispute Resolution · XI. Common Law · XII. Strata Law · XIII. Assisted Living · XIV. Commercial Tenancies · XV. Manufactured Homes · XVI. Income Assistance · XVII. Illegal Suites · XVIII. Forms · XIX. Governing Legislation and Resources
20. Small Claims and the CRT · I. Introduction · II. Governing Legislation and Resources · III. Do You Have a Claim? · IV. Choosing the Proper Forum · V. Starting a Claim · VI. Responding to a Claim · VII. Default Order · VIII. How a Claim Proceeds · IX. Pre-Trial · X. Mediation · XI. Settlement Conferences · XII. Trial/Pre-Trial Conferences · XIII. Trial Preparation · XIV. Trials · XV. Costs and Penalties · XVI. Appeals · XVII. Enforcement of a Judgement · Appendix A: Registries · Appendix B: Demand Letter · Appendix C: Notice of Claim · Appendix D: Reply to Claim · Appendix E: Glossary · Appendix F: Limitation Periods · Appendix G: Causes of Action · Appendix H: Court Fees · Appendix I: Tribunal Fees · Appendix J: Settlement Conference · Appendix K: Payment Hearing · Appendix L: Appeal · Appendix M: LSLAP Policy
21. Welfare Law · I. Introduction · II. Governing Legislation and Resources · III. Eligibility · IV. Special Situations · V. Eligibility Factors · VI. Hardship Assistance · VII. Overpayments and Fraud · VIII. Rates and Payment Issues · IX. Additional Benefits · X. Health Supplements · XI. Appeals
22. Strata Law · I. Introduction · II. Governing Legislation · III. Strata Concept · IV. Strata Plan · V. Common Property and Assets · VI. Governance · VII. Management · VIII. Finances · IX. Collections · X. Bylaws and Rules · XI. Rentals and Accommodations · XII. Privacy · XIII. Insurance · XIV. Repair and Maintain · XV. Dispute Resolution · XVI. Recourse to the Courts
23. Referrals · I. General · II. Family Law & Women · III. Residential Tenancy · IV. Human Rights · V. Wills & Estates · VI. Immigration & Refugee · VII. Disability · VIII. Employment · IX. Debt · X. Indigenous · XI. Police Complaints · XII. Chinese Language · XIII. Others
v • d • e

A. Trauma-Informed Legal Practice

Many legal professionals are moving toward trauma-informed practice legal practice (TIP). Trauma is best defined as an emotional response to a disturbing or distressing event. In this sense, TIP recognizes the role of trauma in the lawyer-client relationship. The practice strives to reduce re-traumatization by identifying both past and ongoing trauma in the client’s life and by adjusting the lawyer-client relationship accordingly to enhance connections with clients for better legal advocacy.

What constitutes an appropriate TIP differs by client-and-lawyer. It is important for lawyers to first identify the client’s trauma and then adjust their relationship accordingly. Frustration often stems from clients not being well-informed of their lawyers’ choices. Then a general TIP may include, for example, making accommodations for client interviews or extensive preparations of a client prior to taking the stand to help reduce anxiety. For clients who experienced sexual assault, TIP may include active listening, emotional competency, and allowing for victim advocates to accompany in meetings. In any circumstance, the lawyer should take note of interpersonal and systemic violence as well as gender and cultural factors that could hinder a client from disclosing information. Furthermore, a client should feel comfortable asking their lawyer for additional support and resources. Also included at the bottom of this Chapter are some general and specific referrals.

This website lists out the expectations for TIP.

For more general victim guides/manuals, click here or here.

B. Restorative Justice

Community Accountability Programs (CAPs) are funded by the Province of British Columbia and offer an alternative to the criminal court process pursuant to s 717 of the Criminal Code and Part 1 of the Youth Criminal Justice Act. Many of these programs accept referrals from the police, the community and those impacted by crime. CAPs practice Restorative Justice, a philosophy that tries to address the needs of the victim, the offender, and the community. Restorative Justice programs look at the harms caused by crime, which may include harms to the victim, community, family, and offender. While approaches may vary across programs, many use one-to-one facilitation, talking circles and conferences to work towards a confidential resolution that does not result in a criminal record for the person who has caused harm.

In order to participate in the Restorative Justice process, offenders must be willing to take responsibility for their actions and victims must also consent to the process and waive their ability to pursue other remedies regarding the same incident. Victims are often given a choice of whether they wish to meet with the offender face-to-face or not. Often the process only requires meetings with facilitators. The resolution can be a written acknowledgement of the impacts, a written apology, a gift, a restitution payment, and/or community service hours. CAPs also typically support each client's timely referral to counselling and support services, based on their unique and self-identified needs. Victims who feel that their needs will not be adequately addressed by the traditional criminal justice system are encouraged to learn more about the Restorative Justice programs offered in their geographic area by following this link.

LSLAP Manual

Introduction

Acknowledgements

Chapters 1-7
Criminal Law · Youth Justice · Family Law · Victims · Public Complaints · Human Rights · Workers Compensation

Chapter One: Criminal Law	I. Introduction · II. Governing Legislation and Resources · III. Etiquette · IV. Criminal Charges · V. Substantive Law · VI. Resolving Prior to Trial · VII. Pleading Not Guilty/Trial · VIII. Other Issues · IX. Charter of Rights and Freedoms · X. LSLAP Policies · XI. Information for LSLAP Students · XII. Etiquette for Law Students · XIII. Practice Recommendations · Appendix A: Initial Sentencing Position · Appendix B: Sample Information · Appendix C: Diversion Application · Appendix D: Sentencing Hearing · Appendix E: Trial Books · Appendix F: Glossary

Chapter Two: Youth Justice	I. Introduction · II. Governing Legislation and Resources · III. Youth Criminal Justice Act · IV. Youth Justice (British Columbia) Act · Appendix A: Glossary

Chapter Three: Family Law	I. Introduction · II. Governing Legislation and Resources · III. Marriage · IV. Divorce · V. Uncontested Divorce · VI. Simple Divorce Procedure · VII. Alternatives to Divorce · VIII. Family Violence · IX. Assets · X. Spousal and Child Support · XI. Parenting Orders/Guardianship/Contact · XII. Children and the Law · XIII. Adoption · XIV. Name Changes · XV. Court Procedures · Appendix A: Glossary

Chapter Four: Victims	I. Introduction · II. Governing Legislation · III. Crime Victim Assistance Program · IV. Avenues to Address Crime · V. Victims of Sexual Assault · VI. Victims of Relationship Violence · VII. Seniors or Those with Disabilities · VIII. Victims of Human Trafficking · IX. Missing Persons and Abductions · X. TIP and Restorative Justice · XI. Resources for Indigenous Victims · XII. Referrals and Follow-up

Chapter Five: Public Complaints	I. Introduction · II. Governing Legislation and Resources · III. Review of Administrative Decisions · IV. Privacy or Access to Information · V. Complaints against the Police · VI. Complaints against Security Guards · VII. The Right to Vote · VIII. Complaints regarding UBC · IX. Complaints regarding SFU · X. Complaints Regarding Other Colleges and Universities · XI. Complaints against Doctors · XII. Complaints against Lawyers · Appendix A: Glossary · Appendix B: Sample Notice Letter

Chapter Six: Human Rights	· I. Introduction · II. Governing Legislation and Resources · III. BC Human Rights Code · IV. Canadian Human Rights Act · V. BC Civil Rights Protection Act · VI. Rights of the Child · VII. LSLAP's Role · VIII. Indigenous Complainants · IX. Online Mediations & Hearings

Chapter Seven: Workers' Compensation	I. Introduction · II. Governing Legislation, Policy & Guidelines · III. Introduction to Compensation Claims for Injured Workers · IV. LSLAP's Role at the Initial Decision Level · V. Limitation Periods and Timing of Decisions · VI. Making a Claim · VII. The Claim Acceptance Process · VIII. Worker Status · IX. Disability and Causation · X. Time Limits and Procedures · XI. Claim Benefits · XII. Appeals · XIII. Health and Safety Regulations in the Workplace · XIV. Assessments of Employers · XV. The WCB Fair Practices Officer · Appendix A: Abbreviations · Appendix B: List of Cases · Appendix C: Referrals · Appendix D: Resources · Appendix E: Claims Process · Appendix F: Checklist for Interviews · Appendix G: Checklist for Appeals · Appendix H: Sample Authorization Form

Chapters 8-14
Employment Insurance · Employment Law · Creditors and Debtors · Consumer Protection · Auto Insurance (ICBC) · Motor Vehicle Law · Mental Health Law

Chapter Eight: Employment Insurance	I. Introduction · II. Governing Legislation and Resources · III. Qualifying for EI · IV. Types of Benefits · V. Benefit Period · VI. Quantifying Benefits · VII. Benefit Entitlement · VIII. Penalties, Violations, and Offences · IX. Keeping Out of Trouble · X. Timing for Reporting · XI. Overpayment and Collections · XII. Reconsideration · XIII. Social Security Tribunal · XIV. Appeals · XV. Judicial Review · XVI. LSLAP's Use of This Chapter · Appendix A: Initial Application Checklist

Chapter Nine: Employment Law	I. Introduction · II. Governing Legislation and Resources · III. Checklist · IV. Preliminary Matters · V. Employment Issues · VI. Remedies · VII. Strategies and Tips · Appendix A: Glossary

Chapter Ten: Creditors' Remedies and Debtors' Assistance	I. Introduction · II. Governing Legislation and Resources · III. Creditors' Remedies · IV. Debtors' Options · V. Dealing with Debt · Appendix A: Relevant Forms · Appendix B: Examination Checklist

Chapter Eleven: Consumer Protection	I. Introduction · II. Governing Legislation and Resources · III. Contracts for Sale of Goods · IV. Consumer Protection · V. Direct Sales · VI. Conditional Sales Contracts · VII. Motor Dealer Act · VIII. Miscellaneous · IX. Forum of Redress · X. Consumer Transactions

Chapter Twelve: Auto Insurance (ICBC)	I. Introduction · II. Governing Legislation and Resources · III. Basic Coverage · IV. Optional Insurance · V. Seeking Legal Counsel · VI. Disputes with ICBC · VII. When You Can Still Sue · VIII. On or Before April 30 2021 · IX. Limitation on Experts · X. Compulsory Coverage · XI. Optional Insurance · XII. Personal Injury Claims · XIII. Out-of-Province

Chapter Thirteen: Motor Vehicle Law	I. Introduction · II. Governing Legislation and Resources · III. At the Roadside · IV. Duties after a Collision · V. Violation Tickets · VI. Provincial Offences · VII. Vehicle Impoundment · VIII. Superintendent · IX. Alcohol and Drugs · X. Federal Offences · XI. Driving While Prohibited · XII. ICBC Breaches · XIII. Bicycles · XIV. LSLAP Program Information · Appendix A: Penalty Points and Fines

Chapter Fourteen: Mental Health Law	I. Introduction · II. Governing Legislation and Resources · III. Theory and Approach · IV. Legal Rights · V. Patient Admission · VI. Consent to Medical Treatment · VII. Involuntarily Admitted · VIII. Youth · IX. Criminal Code · X. Complaints · XI. References · XII. LSLAP File Administration Policy

Chapters 15-23
Adult Guardianship and Substitute Decision-Making · Wills and Estates · Citizenship · Immigration · Landlord and Tenant Rights · Small Claims · Welfare Law · Strata Law · Referrals

Chapter Fifteen: Adult Guardianship and Substitute Decision-Making	I. Introduction · II. Governing Legislation · III. Mental Capacity · IV. Substitute Decision Making · V. Adult Guardianship · VI. Adult Abuse · VII. Sources and Resources · Appendix A: EPOA · Appendix B: Decision Tree on Adult Abuse and Neglect

Chapter Sixteen: Wills and Estate Administration	I. Introduction · II. Governing Legislation and Resources · III. Making and Executing · IV. Mistakes and Alterations · V. Court's Power · VI. Revocation · VII. Wills Variation Claims · VIII. Intestacy · IX. Property · X. First Nations and Wills · XI. Estate Administration · XII. Duties of a Personal Representative · XIII. Taxation: RRSP & RRIF & TFSA · XIV. LSLAP File Administration Policy · Appendix A: Will Instructions Questionnaire · Appendix B: Will Drafting and Execution Checklist · Appendix C: Glossary

Chapter Seventeen: Citizenship	I. Introduction · II. Governing Legislation and Resources · III. Who is a Canadian Citizen? · IV. Advantages & Responsibilities · V. Citizenship Grants · VI. Applying for Citizenship Grant · VII. Loss and Renunciation · VIII. Proof · IX. Search of Citizenship Record · X. Referrals

Chapter Eighteen: Immigration Law	I. Introduction · II. Governing Legislation and Resources · III. Players · IV. Categories of Persons · V. PR Application · VI. Identifications · VII. IRB · VIII. Loss of PR · IX. In-Canada Temporary Residence Matters · X. Removal Orders · XI. Appeals · XII. Offences · XIII. Issues at Sentencing · XIV. Contacts

Chapter Nineteen: Landlord and Tenant Law	I. Residential Tenancy Act · II. Tenancy Agreements · III. Moving In and Moving Out · IV. Security Deposits · V. Repair and Service · VI. Rent Increase · VII. Tenant's Rights · VIII. Subletting and Assignment · IX. Termination/Eviction · X. Dispute Resolution · XI. Common Law · XII. Strata Law · XIII. Assisted Living · XIV. Commercial Tenancies · XV. Manufactured Homes · XVI. Income Assistance · XVII. Illegal Suites · XVIII. Forms · XIX. Governing Legislation and Resources

Chapter Twenty: Small Claims and the CRT	I. Introduction · II. Governing Legislation and Resources · III. Do You Have a Claim? · IV. Choosing the Proper Forum · V. Starting a Claim · VI. Responding to a Claim · VII. Default Order · VIII. How a Claim Proceeds · IX. Pre-Trial · X. Mediation · XI. Settlement Conferences · XII. Trial/Pre-Trial Conferences · XIII. Trial Preparation · XIV. Trials · XV. Costs and Penalties · XVI. Appeals · XVII. Enforcement of a Judgement · Appendix A: Registries · Appendix B: Demand Letter · Appendix C: Notice of Claim · Appendix D: Reply to Claim · Appendix E: Glossary · Appendix F: Limitation Periods · Appendix G: Causes of Action · Appendix H: Court Fees · Appendix I: Tribunal Fees · Appendix J: Settlement Conference · Appendix K: Payment Hearing · Appendix L: Appeal · Appendix M: LSLAP File Administration Policy

Chapter Twenty One: Welfare Law	I. Introduction · II. Governing Legislation and Resources · III. Eligibility · IV. Special Situations · V. Eligibility Factors · VI. Hardship Assistance · VII. Overpayments and Fraud · VIII. Rates and Payment Issues · IX. Additional Benefits · X. Health Supplements · XI. Appeals

Chapter Twenty Two: Strata Law	I. Introduction · II. Governing Legislation · III. Strata Concept · IV. Strata Plan · V. Common Property and Assets · VI. Governance · VII. Management · VIII. Finances · IX. Collections · X. Bylaws and Rules · XI. Rentals and Accommodations · XII. Privacy · XIII. Insurance · XIV. Repair and Maintain · XV. Dispute Resolution · XVI. Recourse to the Courts

Chapter Twenty Three: Referrals	I. General · II. Family Law & Women · III. Residential Tenancy · IV. Human Rights · V. Wills & Estates · VI. Immigration & Refugee · VII. Disability · VIII. Employment · IX. Debt · X. Indigenous · XI. Police Complaints · XII. Chinese Language · XIII. Others

Retrieved from "https://stagewiki.clicklaw.bc.ca/index.php?title=Abuse_and_Neglect_of_Seniors_or_Those_with_Disabilities_(4:VII)&oldid=48615"

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@@ Line 1: / Line 1: @@
-{{REVIEWED LSLAP | date= August 10, 2020}}
+{{REVIEWED LSLAP | date= August 7, 2020}}
 {{LSLAP Manual TOC|expanded = victims}}
-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.
+=== A. Trauma-Informed Legal Practice ===
-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.
+Many legal professionals are moving toward trauma-informed practice legal practice (TIP). Trauma is best defined as an emotional response to a disturbing or distressing event. In this sense, TIP recognizes the role of trauma in the lawyer-client relationship. The practice strives to reduce re-traumatization by identifying both past and ongoing trauma in the client’s life and by adjusting the lawyer-client relationship accordingly to enhance connections with clients for better legal advocacy.
-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.
+What constitutes an appropriate TIP differs by client-and-lawyer. It is important for lawyers to first identify the client’s trauma and then adjust their relationship accordingly. Frustration often stems from clients not being well-informed of their lawyers’ choices. Then a general TIP may include, for example, making accommodations for client interviews or extensive preparations of a client prior to taking the stand to help reduce anxiety. For clients who experienced sexual assault, TIP may include active listening, emotional competency, and allowing for victim advocates to accompany in meetings. In any circumstance, the lawyer should take note of interpersonal and systemic violence as well as gender and cultural factors that could hinder a client from disclosing information. Furthermore, a client should feel comfortable asking their lawyer for additional support and resources. Also included at the bottom of this Chapter are some general and specific referrals.
-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.
+[https://ncler.acl.gov/Files/Trauma-Informed-Lawyering.aspx This website] lists out the expectations for TIP.
-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'''.
+For more general victim guides/manuals, click [https://www2.gov.bc.ca/gov/content/justice/criminal-justice/bcs-criminal-justice-system/if-you-are-a-victim-of-a-crime/publications-for-victims-of-crime here] or [https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/2016-gd-ssst-vctms/index-en.aspx here].
-== 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 [https://www.trustee.bc.ca/reports-and-publications/Pages/Decision-Tree.aspx here].
-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''.
-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.
+=== B. Restorative Justice ===
+Community Accountability Programs (CAPs) are funded by the Province of British Columbia and offer an alternative to the criminal court process pursuant to s 717 of the ''Criminal Code'' and Part 1 of the ''Youth Criminal Justice Act''. Many of these programs accept referrals from the police, the community and those impacted by crime. CAPs practice Restorative Justice, a philosophy that tries to address the needs of the victim, the offender, and the community. Restorative Justice programs look at the harms caused by crime, which may include harms to the victim, community, family, and offender. While approaches may vary across programs, many use one-to-one facilitation, talking circles and conferences to work towards a confidential resolution that does not result in a criminal record for the person who has caused harm.
+In order to participate in the Restorative Justice process, offenders must be willing to take responsibility for their actions and victims must also consent to the process and waive their ability to pursue other remedies regarding the same incident. Victims are often given a choice of whether they wish to meet with the offender face-to-face or not. Often the process only requires meetings with facilitators. The resolution can be a written acknowledgement of the impacts, a written apology, a gift, a restitution payment, and/or community service hours. CAPs also typically support each client's timely referral to counselling and support services, based on their unique and self-identified needs. Victims who feel that their needs will not be adequately addressed by the traditional criminal justice system are encouraged to learn more about the Restorative Justice programs offered in their geographic area by following [https://www2.gov.bc.ca/gov/content/safety/crime-prevention/community-crime-prevention/restorative-justice this link].
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Difference between pages "Abuse and Neglect of Seniors or Those with Disabilities (4:VII)" and "Trauma Informed Lawyers and Restorative Justice (4:X)"

Revision as of 23:04, 31 December 2020

A. Trauma-Informed Legal Practice

B. Restorative Justice

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