Adequacy of the Adult Capacity and Decision-making Act - Question Period

MS. CLAUDIA CHENDER « » : Mr. Speaker, my question through you is for the Minister of Justice. As we all know, the Supreme Court of Nova Scotia struck down the Incompetent Persons Act in June 2016, and gave the province one year to redraft legislation in this area. I have spoken with several stakeholders who are disappointed with the government's consultation process on this issue since the court's decision. They said that after initial conversations last Fall, they were not consulted until August of this year, 2017, and at that time were only given a few days to provide a formal response to this complex bill.

I would like to ask the minister if he is satisfied with the level of consultation undertaken by his department in redrafting the Incompetent Persons Act.

HON. MARK FUREY « » : I thank my colleague for the question. There have been a number of elements to the consultation process in 2016 and again this past Fall. The feedback that we have received has informed the decisions. There are differing opinions and views in some areas, but we are advancing a piece of legislation that we believe is in the best interest of all Nova Scotians.

MS. CHENDER « » : In 2010, Canada ratified the UN Convention on the Rights of Persons with Disabilities, with the full support of the Government of Nova Scotia. However, Canada has had an ongoing reservation to Article 12 of the convention, which recognizes equal recognition before the law. This reservation remains in part due to the fact that certain provinces, including Nova Scotia, fail to have in place adequate supported decision-making legislation required by Article 12.

I ask the minister, is he not concerned that the government's attempt to redraft the Incompetent Persons Act will only continue to hinder Canada's ability to meet its international commitment to the UN convention?

MR. FUREY « » : I appreciate the question. This is the very area where there are differing opinions and views. We have advanced a representative decision-making model that has elements of supportive decision making. We believe that our work and the bill that we have introduced, are compliant with Canada's reservation on the UN declaration. We believe that the input we have received from stakeholders has informed the bill, the piece of legislation. As my colleague knows, we look forward to further discussions here in the Committee of the Whole House on Bills.


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