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Justice committee  I think it's a real issue. There is existing research. Complainants have had standing in section 278 hearings on the production and disclosure of confidential records. That's existed since that provision came into effect in 1997. The problem is the patchwork of approaches across

October 25th, 2017Committee meeting

Dr. Lise Gotell

Justice committee  Well, there's no doubt that this is a very difficult issue. We are not talking about incapacity being something that touches unconsciousness. Incapacity actually can be a state that's removed from unconsciousness. What we suggest is that—we haven't suggested legal or proposed l

October 25th, 2017Committee meeting

Dr. Lise Gotell

Justice committee  We do recognize that the provision does open up avenues for the analysis of incapacity in a more nuanced way than unconsciousness. However, we are afraid that the codification of unconsciousness will reinforce what we're seeing as being a trend in the case law, where there's a dr

October 25th, 2017Committee meeting

Dr. Lise Gotell