Act to ensure rights of the incapacitated

An article published in today's edition of The Chronicle Herald:

By Davene Jeffrey

Nova Scotians will soon be able to retain more autonomy should they become incapacitated.

The province’s new Personal Directives Act becomes law on Thursday, replacing the Medical Consent Act, which gives people the right to name a proxy to make health-care decisions on their behalf.

Health Minister Maureen MacDonald said the new legislation goes beyond instructions for health care.

She said people will be able to assign someone to make sure their wishes for personal needs such as recreation and hygiene are followed.

"It means that people, and particularly, I imagine, people who are older or persons with disabilities, with perhaps some kind of a condition that has a degenerative element, would have the security of knowing that how they wish to be treated will be respected."

As of Thursday, forms will be available through the Justice Department website or through Service Nova Scotia offices, said Health Department spokesman Ryan Van Horne.

There will be two forms, one to appoint a delegate and the other to outline details of expected care and treatment. A booklet explaining the act also will be available.

"The Personal Directives Act covers a wide range of things, including personal-care decisions," Van Horne said.

"For example, if you are admitted to a nursing home and you are a vegetarian, you could ensure that you get a vegetarian diet or that you got fresh air for an hour a day."

The directives will have to be reasonable and legal, Van Horne said.

For instance, anyone living in a nursing home could not expect to receive treatment that the home could not offer to other residents, he said.

"If you want to ask for something that they do provide to everybody else, then you’ll get it," Van Horne said. "If you want something that they don’t provide to everybody else, then you need to make some other type of arrangement."

The act was passed in May 2008 after it was introduced by Cecil Clarke, who was then the justice minister in the Conservative government. MacDonald couldn’t say why it has taken almost two years for the act to take effect, but she said regulations had to be written and staff in health-care settings and elsewhere had to be trained in the new rules.

Van Horne said officials had hoped to bring the act into force last fall but it got sidelined by the H1N1 crisis.

With David Jackson, provincial reporter.

Also see:

Powers of Attorney and Health Care Directives (Nova Scotia)

Mental health court to open for April 1

From today's edition of Metro Halifax:

By Paul McLeod

The courtroom is being built, the staff are set to be hired in the new year, and by April 1 Nova Scotia will have its own mental health court.

Calls for a specialized court for people with mental illness have grown louder in recent years after incidents such as the death last year of Howard Hyde, who suffered from schizophrenia.

Other provinces such as Ontario and New Brunswick already have such courts, which are tailored to deal with the intricacies of people with mental health in the justice system.

Yesterday Justice Minister Cecil Clarke said staff were set to be hired in January, with the goal of the court opening in April. Dartmouth provincial court is being renovated to create the new room.

“Quite simply, we want to make sure people do not find themselves behind bars, but in a proper housing setting and treatment program for their mental illness,” said Clarke.

The annual operating budget is projected at $1.8 million, but first year costs are expected to range up to $2.3 million Clark explained.

For more information on the illustrated book, click here.

Fatality Inquiry Called into the Death of Howard Hyde

A September 17th news release from the Nova Scotia Department of Justice:

Minister of Justice Cecil Clarke [pictured], after consulting with the chief medical examiner, said today, Sept. 17, a fatality inquiry will be held into the death of Howard Hyde.

Mr. Clarke outlined the terms of reference for the inquiry and said it will examine the circumstances under which Mr. Hyde died, Nov. 22, 2007, the cause of death, and the manner of death, and may make recommendations about any matters arising from the inquiry.

A judge who conducts an inquiry under the Fatality Investigations Act has all the powers of a commissioner appointed under the Public Inquiries Act which includes, the authority to hold public hearings and hear witnesses.

FOR BROADCAST USE:

Justice Minister Cecil Clarke says a fatality inquiry will be held into the death of Howard Hyde.

Mr. Clarke outlined the terms today of reference (September 17th) and says the inquiry will examine the circumstances under which Mr. Hyde died, November 22nd, 2007.

It will also look at the cause of death, the manner of death and may make recommendations about any matters arising from the inquiry.

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Media Contacts:

Sherri Aikenhead
902-424-3313
Cell: 902-456-6386
E-mail: aikenshl@gov.ns.ca

Carla Grant
Department of Justice
902-424-6282
E-mail: grantc@gov.ns.ca

Also see:
N.S. orders inquiry into Hyde death

'Excited delirium,' not Taser, was cause of N.S. man's death: medical examiner


Photograph of Justice Minister Cecil Clarke courtesy of Andrew Vaughan of The Canadian Press.