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 Ontario Commission du droit de l’Ontario NICE ANKE 2012

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

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

Project Process 2008: Preliminary Consultation :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 Report Law Commission of Ontario Commission du droit de l’Ontario NICE 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 Ontario Commission 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 Law Commission of Ontario Commission du droit de l’Ontario NICE ANKE 2012

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

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

Law Commission of Ontario Commission du droit de l’Ontario NICE ANKE 2012 Questions? To contact us: Website: Tel:(416) Fax:(416) Executive Director: Patricia Hughes Head of Project:Lauren Bates