LTE: Daughter denied access to Mother in LTC: Officer refuses to give her Trespass Ticket
Greetings
Today, another unlawful trespass from LTC home in Cornwall.
This makes 4 in this month alone that I have been apprised of. I have well over 100 cases in the past 4 years.
LR was detained and forcibly removed from the Glen Stor Dun Lodge without authority of law.
This woman’s Charter Rights s.7 s. 9 and right to freedom of movement were denied without authority of law. Her mother’s right to make personal choices, life liberty and security of person were also egregiously denied.
The well written and adjudicated Trespass to Property Act (TPA) does not permit the trespass of the invited guest of the “physical “ occupier” of the premises they physically occupy .
Nowhere is the deed possessor mentioned in the TPA.
Our courts have ruled that a landlord, agents of landlord or staff, do not have authority to trespass the invited guest of the physical occupier.
The Fixing Long Term Care Act contains an enshrined Residents Bill of Rights (RBR) which prohibits interference with LTC residents’ rights to receive visitors.
The Ministry of Health and Long Term Care upheld the contractual obligation of LTC facilities. http://publicreporting.ltchomes.net/en-ca/File.aspx?RecID=12499&FacilityID=20214
The Substitute Decisions Act prohibits the interference or visitor restrictions of a cognitive challenged person by the Power of Attorney or Substitute Decision Maker.
Motion 129-Voula’s Law was unanimously passed by the Ontario Legislative Assembly (2021). In essence, the Motion begs for enforcement of the TPA, pursuant to the TPA itself and our courts TPA rulings in the context of multi occupancy residential facilities.
It is a sad statement that we have to beg for enforcement of a good law, prevail at the ‘begging’ and then still be denied the enforcement of a good law that protects our vulnerable.
In the attached recording, LR repeatedly requested the officer to ticket her and he refused. That ticket is essential for LR to go before a court and have her TPA protected rights enforced.
As many, including myself, have discovered, it is the only way to have our TPA protected right to visit our loved one in care facilities enforced.
LR is being denied her right to due process of the law.
We have an abundance of good laws protecting seniors and disabled persons living in care facilities.
But, state actors as defined by Charter of Rights s. 32: police and provincial government and agencies carrying out the mandate of the government are refusing to enforce these good laws.
As I have mentioned many times, this reckless and brazen institutional indifference has resulted in a palpable culture of fear and silence in care facilities.
Pre-pandemic, MPP Joel Harden and I heard during an Ontario wide roundtable discussion of unlawful misuse of the TPA, many seniors died without their loved ones by their side.
This is a human tragedy that should not be happening in non pandemic times.
MPP Lise Vaugeois has sent countless letters to the Ministers of LTC, Retirement and Group Homes informing them that they are responsible for ensuring their care facilities observe all laws and enforce the TPA in accordance with the judicial rulings.
So far, there have been excuses that are not in accordance with the Acts that establish the care facilities.
State actors and congregate care facilities take note:
If the law is written well but it’s not being acted upon/exercised appropriately or the power it confers is being misused, the entity that is exercising the power is the one who has breached the Charter and liable for damages 24(1).
Attached is a quick TPA reference sheet, I have detailed TPA case law research which I can provide upon request.
Sincerely
Maria Sardelis
