I am the daughter of a 96-year old disabled senior: my mother,
I invite you to google Voula's Law and read about the efforts made to protect our seniors, disabled persons and their advocate family and friends..
and City View Retirement Home unlawfully trespassed me and others from our loved ones 'home' (December 2018). The owner prohibited me from entering my mother's private property. He also prohibited my mother from receiving me as her invited guest. My mother was hearing and language impaired and relied on me for medical decisions. Communication was completely cut off, her hearing impairment interferes wiith her ability to converse on the phone. She had also just been diagnosed with dementia. Her biological clock was ticking but her cognitive clock was ticking faster. I fought long and hard to get mine and my mother's lawful rights restored.
Pursuant to the Trespass to Property Act (TPA) my trespass was unlawful and hence was withdrawn in Provincial Court. But it never should have had to go as far as provincial court. My lawyer, Daniel Nasrallah, DNG Law, repeatedly asked the owner for the reasons for my trespass but was rebuffed.
And now, my mission is to prevent others from going through what my mother and I went through both emotionally and financially.
Attached are the CFRA News radio podcast and CBC
Marketplace broadcast.
Both seniors' and disabled persons' care facility operators
are unlawfully banning and trespassing family/advocates of seniors and disabled persons across Canada. And, it’s not because the advocates are aggressive or rude as the home operators allege in order to justify their unlawful actions. Some advocates might have an emotional outburst after consistently finding their loved one in poor care similar to what our military reported during the pandemic. But, when did becoming emotional become a crime?
When facility operators threaten trespass of family/advocates, it instills fear: ban one person, and you silence the building. Care facility operators call the police and problem solved, no more advocate trying to do the right thing. Nothing has to change in the way the home operates and no one else dares to raise concerns.
The fact of the matter is, pursunt to the TPA, it is unlawful to trespass a person that is invited into the 'home' by the resident occupier. Also, person with legally conferred authority can not be trespassed.
The very Act that unlawfully prohibited me from seeing my mother in her home for 316 days also restored my rights. The TPA is perfectly written and adjudicated but just needs proper enforcement.
Persuant to the TPA,
a person can only be trespassing if they do not have legally conferred authority (such as POA, Substitute Decision Maker or Legal Guardian) or if they are not the invited guest of the occupier in PHYSICAL possession of the premises. The ownwer is a title possessor in multi occupancy residential faciities.
Long Term Care (LTC), retirement homes and homes for the disabled provide a 'home', a permanent residence to those paying and living on the premisis.
Ontario courts have ruled that the deed owner's interest is non possesory for the duration of the tenancy..
The Residential Tenancy Act (RTA) 2006, governs retirement and group homes. Residents experiencing interference with their RTA right to fully enjoy their premises can make a complaint to the Landlord and Tenant Board (LTB).
LTB rulings have upheld the RTA and the enshrined right for seniors and disabled to enjoy the premises they pay for, including receiving invited guests.. LTB rulings have at times included monetary damages to the tenant for interference with their guests to visit. Efforts are underway to have LTC homes also governed by RTA.
Trespassing, banning, visitation
restrictions, during non-pandemic times are in violation of the Charter of Rights and Freedoms, and Ontario Human Rights Code. Unlawful trespass is also a criminal code miscondut: harassment, intimidation and mischief, and the list goes on. We have all the laws we need to protect our seniors and disabled persons; we just need enforcement.
On March 4 2021 MPP Joel Harden presented Motion 129 -Voula's Law which requested that the TPA be enforced pursuant to judical TPA rulings. The Motion was unanimously passed. But Ford refuses to follow the direction requested by the Legislative Assemby. Efforts are being made to demomstrate Ford is in breach of Charter rights.
And that’s where you can help by calling your MPP and asking them to force our Premier to comply with the TPA and issue direction to care facilities that the TPA does not permit trespass of invited guest of the 'occuper' or person with legally conferred authority.
Covid lockdowns prevented family from taking care of seniors. Lockdown restrictions validated the importance of family in seniors’ residences. The military walked in on a disaster that was not a surprise to advocates. The soldiers saw firsthand what happens after 3 weeks of family being prohibited from being watchdogs and providing care to seniors. Family fill the gaps for short staffing and poor management. They feed, they clean, they sound alarm bells for fallen seniors.
Stop the unlawful banning and trespass of seniors' and disabled persons' family advocates. Vulnerable people need our voices to survive and thrive,