a framework for evaluating law, policy and practice law commission of ontario project: the law as it...

A FRAMEWORK FOR EVALUATING LAW, POLICY AND PRACTICE

Law Commission of Ontario Project: The Law As It Affects Older Adults

May 24, 2012

NICE Knowledge Exchange

The Law Commission of Ontario

Established September 2007 Partnership:

Ministry of the Attorney General Osgoode Hall Law School and Ontario’s other Law Schools Law Society of Upper Canada Law Foundation of Ontario

Mission: Recommend law reform measures to enhance the legal system’s

relevance, effectiveness and accessibility; Stimulate critical legal debate; Study areas underserved by other research.

Law Commission of OntarioCommission du droit de l’Ontario

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The LCO Project:A Framework for the Law as it Affects Older Adults

Identifying a Coherent Basis for Law Reform

A framework for evaluating laws, policies and practices that affect older adults

Applies to laws relating directly to older adults, as well as laws of general application

Can be used for evaluating new laws as they are developed as well as existing laws

Overarching value of substantive equality for older adults

NICE ANKE 2012 Law Commission of OntarioCommission du droit de l’Ontario

Project Outcomes

Evaluative Framework Based on principles and lived experiences Uses a series of questions to identify key issues Includes examples of best practices and potential

applications Research Report

In-depth review of issues, considerations, analysis underlying Framework

Extended examples and case studies


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Who Can Use the Framework?

Those who make law and policy: Legislators Policy-makers Service providers

Those who interpret law and policy: Courts and tribunals

Those who identify needs and advocate for reform


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Project Process

2008: Preliminary Consultation 2009 -10: Research

Internal Commissioned Research Papers Canadian Conference on Elder Law

2011: Advisory Group

Public Consultations on Draft Framework

Stakeholder Event Focus Groups Submissions Consultation Questionnaire

2012: Release of Final Framework and ReportLaw Commission of Ontario

Commission du droit de l’OntarioNICE ANKE 2012

The Principles

1. Respecting Dignity and Worth

2. Fostering Independence and Autonomy

3. Promoting Participation and Inclusion

4. Recognizing the Importance of Security

5. Responding to Diversity and Individuality

6. Understanding Membership in the Broader Community

NICE ANKE 2012 Law Commission of OntarioCommission du droit de l’Ontario

Applying the Principles

Taking the circumstances of older adults into account Inclusive design Life course analysis Addressing the “implementation gap” Progressive realization of the principles Addressing conflicts between principles


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Taking a Step-by-Step Approach

1. How do the principles relate to the context of the law/

2. Does the legislative development/review process respect the principles?

3. Does the purpose of the law respect the principles?

4. Who does the law affect? How does this relate to the principles?

5. Do the processes under the law respect the principles?

6. Do the complaint and enforcement mechanisms respect the principles?

7. Do the monitoring and accountability mechanisms respect the principles?

8. Overall, is the law true to the principles?


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Next Steps

1. July 11, 2012 : Scheduled Public Release:

2. Fall 2012 : Release of sister project on the Law and Persons with Disabilities

3. June 2012: New project: Applying the frameworks to the law of capacity and guardianship in Ontario

4. Fall 2012: Development of simplified policy development tool


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NICE ANKE 2012

Questions?

To contact us:Website: www.lco-cdo.org

E-mail: [email protected]

Tel: (416) 650-8406

Fax: (416) 650-8418

Executive Director: Patricia Hughes

Head of Project: Lauren Bates

a framework for evaluating law, policy and practice law commission of ontario project: the law as it...

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