Time to Throw Out the Incompetency Act

When the Law Reform Commission recommended the Act be repealed in 1995, their indictment was damning and comprehensive: the law used offensive language; it took an all-or-nothing approach, imposing no limits on guardianship orders; it emphasized property and said nothing to constrain the powers nor to stipulate the responsibilities of a guardian of the person; it had few provisions for monitoring guardians of the estate and none for guardians of the person; it showed a lack of respect for the autonomy of adults, permitting "undue interference in decisions about daily living and healthcare"; it egregiously conflicted with the Charter of Rights and Freedoms as it failed to give people the right to the least restrictive alternative and it was manifestly procedurally unfair.