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Elder Law Review Vol 4
The Canadian Centre for Elder Law Studies
Ms Laura Watts
Our History
The Canadian Centre for Elder Law Studies ("CCELS") is the national, non-profit body dedicated to exploring the particular legal issues which affect older Canadians.
Our parent body, the B.C. Law Institute, began studying issues of "Elder Law" in 1999 with support from the Law Foundation of B.C. for project work on Private Care Agreements and Financial Arrangements: Loans and Guarantees between Family Members and Friends. From these Law Foundation supported initiatives came the growing realization of the need for a formalized Centre dedicated to legal issues of concern to older adults.
In July 2003, the B.C. Law Institute formally established the Canadian Centre for Elder Law Studies. The mandate of the CCELS includes research, law reform and education relating to legal issues of interest to older adults. After just two years of operation, the CCELS is already recognized for its expertise in Elder Law issues both in Canada and internationally.
The objectives of the Canadian Centre for Elder Law Studies are: to enrich and inform the lives of older adults with the law; to meet the increasing need for legal education and research in relation to legal issues having particular significance for older adults; and, to serve as a national focal point for this emergent field. To current knowledge, it appears to be the only such Centre in the world and is currently serving as a model of interest for several other countries.
The CCELS also hosts the World Study Group on Elder Law, a group established October, 2005 to facilitate study and knowledge exchange internationally on issues affecting the legal rights of older adults worldwide.
Our Strengths and Priorities
Uncovering "hidden issues" is an important part of the work of the CCELS. These are legal issues that can dramatically affect older adults but may be buried beneath familial or systemic overlays. Typically these are also matters on which advice from a practicing lawyer is seldom sought. Identifying these issues and developing appropriate and sensitive ways of addressing them are important functions of the CCELS.
The CCELS is well situated to engage the larger community in identifying problems and developing solutions. An important part of the CCELS mandate is to be "reform-minded" and to seek better laws, policies and systems for Canadian or international societies. If the laws are deficient or inadequate, recommendations for change can be developed and submitted to government or other appropriate agencies or groups. The CCELS has its roots in a law reform tradition which has been an important part of the legal and governmental landscape in Canada for 35 years.
Facilitation is integral to the work of the CCELS. If issues arise which the CCELS cannot specifically address, we will support those in need to find others who can help. Recently an issue arose regarding possible Canadian Charter of Rights and Freedoms infringement of older women with regards to a Canadian "pension-split" issue. The CCELS was able to facilitate Charter Challenge funding and link willing lawyers to argue this discrimination case in court. The CCELS will continue to be involved and to support those bringing this action in ways that are appropriate.
Canadian Conference on Elder Law
The first CCELS Canadian Conference on Elder Law was held on the weekend of October 29-30, 2005 at the Sheraton Wall Centre, in downtown Vancouver. This conference was a landmark event, hosting legal practioners, physicians, health and social workers, government representatives, elder law academics, advocates, community representatives and seniors groups. All came together to consider legal issues affecting older adults both in Canada and around the world. With a packed calendar of both plenary, paper and workshop-based sessions, the conference was overwhelmingly successful.
The personal participation of our British Columbia Public Guardian and Trustee, Jay Chalke, was particularly appreciated, as was the strong sponsorship and staff support from his offices. www.trustee.bc.ca. Representatives from the Yukon and Ontario offices of the PGT were also involved in this conference. The Canadian Centre for Elder Law Studies members have been inspired by the ongoing funded support of the Australia elder law fellowship and hope to develop similar partnerships with our PGTs here in Canada.
The much-beloved Canadian politician and human rights icon, the Honourable Flora MacDonald gave an inspiring keynote address, highlighting issues of "Elder-led HIV/AIDS families" in many area of Africa, as well as some broader international issues affecting older adults. Both her introduction and conclusion of the address were met with instant and long-lasting standing ovations.
The inaugural Canadian "Distinguished Lecture in Elder Law" was given by Ms. Nancy Coleman, former head of the American Bar Association’s Commission on Law and Aging for the past 25 years. Ms. Coleman’s lecture addressed issues of comparative law between the US and Canada, as well as the relationship of international institutions to elder law issues.
A review of the 2006 conference will be published in the next volume of the Elder Law Review.
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