In 2019, Dementia Justice Canada made the following recommendations:
1. The Parliament of Canada amend subsection 4(3) of the National Strategy for Alzheimer’s Disease and Other Dementias Act to expand the Advisory Board’s role to matters beyond the health sector, including access to justice.
2. The Parliament of Canada amend subsection 4(4) of the National Strategy for Alzheimer’s Disease and Other Dementias Act to expand the Advisory Board’s sectoral representation to the justice community.
3. The federal Minister of Health appoint a justice sector representative to the Ministerial Advisory Board on Dementia.
4. The Government of Canada expand the prioritized principle lens of the Dementia Community Investment Fund to matters beyond health equity, including access to justice.
5. The Alzheimer Society of Canada launch a positive national campaign to raise awareness and reduce stigma about dementia and its impact on men.
6. The Government of Canada revise the Dementia Community Investment Fund purpose statement, principles and objectives to recognize the disease’s impact on men.
7. Law schools and justice institutes (e.g., police and corrections academies) develop and enhance their dementia and criminal behaviour curricula.
8. The Canadian Bar Association (B.C. Branch) Elder Law and Criminal Justice Sections develop and enhance their programming on dementia and criminal behaviour.
9. The National Judicial Institute develop and enhance its programming on dementia and criminal behaviour.
10. Schools of medicine, nursing and allied health professions develop and enhance their dementia and criminal behaviour curricula.
11. The Governments of Canada and British Columbia jointly commission a study to estimate the number of persons with dementia throughout the criminal justice system in the province.
12. The federal Minister of Seniors establish an advisory council to lead a national dialogue on whether long-term care should be an insured service under the Canada Health Act.
13. The Parliament of Canada reform s 672.851 of the Criminal Code to ensure that permanently unfit accused persons with dementia who under current law and policy “pose a significant threat to the safety of the public” do not languish indefinitely in the criminal justice system.
14. The Legislative Assembly of British Columbia replace the deemed consent model in s 31 of the Mental Health Act with a constitutional approach.
15. The Legislative Assembly of British Columbia amend s 32 of the Mental Health Act to protect involuntary patients from discipline.
16. The Legislative Assembly of British Columbia amend s 37 of the Mental Health Act to ensure the civil liberty protections in the Residential Care Regulation apply to involuntary patients on leave in facilities governed by the Community Care and Assisted Living Act and the Hospital Act.
17. The Government of British Columbia develop a provincial strategy to address the unintended consequences of ageing-in-place, including the possible increase in domestic violence.
18. The Alzheimer Society of B.C. and the RCMP “E” Division (or a municipal police force) run a pilot project like Safe Pathways with the aim of reducing the likelihood that persons with dementia will enter the criminal justice system due to responsive behaviours.
19. The RCMP “E” Division and local police forces in British Columbia update their procedural manuals to address incidents in which the aggressor has or is suspected of having dementia.
20. The Government of British Columbia update its Charge Assessment Guidelines (CHA 1) and Alternative Measures for Adult Offenders (ALT 1) to address the special circumstances of criminal defendants with dementia, including for those charged with serious crimes such as murder.
21. The Provincial Court of British Columbia assess whether its specialized courts are meeting the needs of criminal defendants with dementia, and if not, develop a new or modified approach.
22. The Government of British Columbia commission a law reform study on substitute and supported decision-making for persons with dementia in the criminal justice system, with a focus on capacity/consent to diversion and alternative measures.
23. The Parliament of Canada amend s 717 of the Criminal Code to ensure, when appropriate, that persons with dementia are not excluded from accessing alternative measures due to compromised capacity.
24. The Government of British Columbia develop no-contact order guidelines, with an emphasis on rapid housing access, for police and the judiciary in cases where the criminal defendant has or is suspected of having dementia.
25. The Government of British Columbia establish a provincial task force to develop an implementation and monitoring plan for the Frank Alexander Inquest recommendations, modified as needed for provincial context. Specifically, to improve the housing security of criminal defendants with dementia:
Special care units
Home care
Correctional facilities
Residential care
Police services
26. The Legislative Assembly of British Columbia incorporate a leaves of absence provision into the Community Care and Assisted Living Act and the Hospital Act or their regulations, including for absences due to involvement with the criminal justice system (justice leaves of absence).
27. The Government of British Columbia, in consultation with the private sector, incorporate a justice leaves of absence clause into standard assisted living and residential care admission contracts for subsidized units.
28. Courts in British Columbia and Canada consider importing the diminished responsibility defence into common law in accordance with the principles of fundamental justice in section 7 of the Canadian Charter of Rights and Freedoms.
29. The Parliament of Canada consider codifying the diminished responsibility defence into the Criminal Code.
1. The Parliament of Canada amend subsection 4(3) of the National Strategy for Alzheimer’s Disease and Other Dementias Act to expand the Advisory Board’s role to matters beyond the health sector, including access to justice.
2. The Parliament of Canada amend subsection 4(4) of the National Strategy for Alzheimer’s Disease and Other Dementias Act to expand the Advisory Board’s sectoral representation to the justice community.
3. The federal Minister of Health appoint a justice sector representative to the Ministerial Advisory Board on Dementia.
4. The Government of Canada expand the prioritized principle lens of the Dementia Community Investment Fund to matters beyond health equity, including access to justice.
5. The Alzheimer Society of Canada launch a positive national campaign to raise awareness and reduce stigma about dementia and its impact on men.
6. The Government of Canada revise the Dementia Community Investment Fund purpose statement, principles and objectives to recognize the disease’s impact on men.
7. Law schools and justice institutes (e.g., police and corrections academies) develop and enhance their dementia and criminal behaviour curricula.
8. The Canadian Bar Association (B.C. Branch) Elder Law and Criminal Justice Sections develop and enhance their programming on dementia and criminal behaviour.
9. The National Judicial Institute develop and enhance its programming on dementia and criminal behaviour.
10. Schools of medicine, nursing and allied health professions develop and enhance their dementia and criminal behaviour curricula.
11. The Governments of Canada and British Columbia jointly commission a study to estimate the number of persons with dementia throughout the criminal justice system in the province.
12. The federal Minister of Seniors establish an advisory council to lead a national dialogue on whether long-term care should be an insured service under the Canada Health Act.
13. The Parliament of Canada reform s 672.851 of the Criminal Code to ensure that permanently unfit accused persons with dementia who under current law and policy “pose a significant threat to the safety of the public” do not languish indefinitely in the criminal justice system.
14. The Legislative Assembly of British Columbia replace the deemed consent model in s 31 of the Mental Health Act with a constitutional approach.
15. The Legislative Assembly of British Columbia amend s 32 of the Mental Health Act to protect involuntary patients from discipline.
16. The Legislative Assembly of British Columbia amend s 37 of the Mental Health Act to ensure the civil liberty protections in the Residential Care Regulation apply to involuntary patients on leave in facilities governed by the Community Care and Assisted Living Act and the Hospital Act.
17. The Government of British Columbia develop a provincial strategy to address the unintended consequences of ageing-in-place, including the possible increase in domestic violence.
18. The Alzheimer Society of B.C. and the RCMP “E” Division (or a municipal police force) run a pilot project like Safe Pathways with the aim of reducing the likelihood that persons with dementia will enter the criminal justice system due to responsive behaviours.
19. The RCMP “E” Division and local police forces in British Columbia update their procedural manuals to address incidents in which the aggressor has or is suspected of having dementia.
20. The Government of British Columbia update its Charge Assessment Guidelines (CHA 1) and Alternative Measures for Adult Offenders (ALT 1) to address the special circumstances of criminal defendants with dementia, including for those charged with serious crimes such as murder.
21. The Provincial Court of British Columbia assess whether its specialized courts are meeting the needs of criminal defendants with dementia, and if not, develop a new or modified approach.
22. The Government of British Columbia commission a law reform study on substitute and supported decision-making for persons with dementia in the criminal justice system, with a focus on capacity/consent to diversion and alternative measures.
23. The Parliament of Canada amend s 717 of the Criminal Code to ensure, when appropriate, that persons with dementia are not excluded from accessing alternative measures due to compromised capacity.
24. The Government of British Columbia develop no-contact order guidelines, with an emphasis on rapid housing access, for police and the judiciary in cases where the criminal defendant has or is suspected of having dementia.
25. The Government of British Columbia establish a provincial task force to develop an implementation and monitoring plan for the Frank Alexander Inquest recommendations, modified as needed for provincial context. Specifically, to improve the housing security of criminal defendants with dementia:
Special care units
- Substantially increase the number of residential care beds dedicated to persons with dementia who exhibit violent or aggressive behaviour.
- Increase the number of special care units to address the needs of persons with dementia who exhibit violent or aggressive behaviour.
Home care
- Enhance follow-up procedures for prospective home care clients with dementia who decline services either on their own or through an alternate decision-maker.
Correctional facilities
- Develop a health/justice protocol on housing accused persons with dementia.
- Coordinate privacy laws with the need for timely access to vital information.
Residential care
- Establish an expert panel or roster of specialized assessors whose purpose is to facilitate the expediated placement of criminal defendants with dementia with violent or aggressive behaviours in the most appropriate care home setting.
- Develop a funding protocol for care homes housing a criminal defendant with dementia.
Police services
- Enhance training on dementia and criminal behaviour.
26. The Legislative Assembly of British Columbia incorporate a leaves of absence provision into the Community Care and Assisted Living Act and the Hospital Act or their regulations, including for absences due to involvement with the criminal justice system (justice leaves of absence).
27. The Government of British Columbia, in consultation with the private sector, incorporate a justice leaves of absence clause into standard assisted living and residential care admission contracts for subsidized units.
28. Courts in British Columbia and Canada consider importing the diminished responsibility defence into common law in accordance with the principles of fundamental justice in section 7 of the Canadian Charter of Rights and Freedoms.
29. The Parliament of Canada consider codifying the diminished responsibility defence into the Criminal Code.
