Friday, January 31, 2025

Animals Have Better Protection Than Nursing Home Residents, and Other Updates

 

Mom at Doug's and my horse facility, Five Fires Equestrian Centre 馃挅

It's been a while so I thought I'd check in. I'm grateful to say that lot's has been happening. Here are some updates:

  1. First and foremost I'm very grateful to tell you that Nova Scotia's ACE Team has started a Protection of Persons in Care Review Committee and asked me to chair. Of course I'm honoured to do so and this is where I'm focusing my attention now. 
  2. One of our first projects for the new committee was preparing a comparison of Nova Scotia's Animal Protection and Protection of Persons In Care Acts. Sadly the people in care have significantly less protection. Another committee member, Paul Jenkinson and I were interviewed about this legislative failure on the Todd Venoitte show. You can find it here on the January 30 show. I'll add the comparison table to the end of this post. The comparison highlights just how desperately we need new legislation!
  3. I made a complaint to the Ombudsman's Office months ago about the investigation into my mother's abuse at Shannex's Cedarstone and the lack of consequences for the confirmed abuse. I recently heard from the Ombudsman's Office and they're requiring Protection of Person's In Care to address my concerns. I hope this will entail learning why they didn't follow their legislated requirements in the investigation. 
  4. After a rough start I'm receiving helpful communication with the Nova Scotia College of Nurses regarding mom's abuse at Cedarstone. I'm required to keep this confidential.
  5. I received an email regarding a freedom of information request I submitted in September about Mom's abuse investigation. It sat for months, well beyond the required timeframe. I learned a few days ago that it's just been sent to an affected for third party for their permission to release the information. I'll try to find out more about that.
That's it for updates. Thank you to everyone who supports my blog. Here's the comparison of the Acts:

Comparison, Nova Scotia鈥檚 Protection of Persons in Care Act, 2007 and Animal Protection Act, 2018

January, 2025, prepared by Carol Macomber

 

NS Protection of Persons

in Care Act, 2007

NS Animal Protection Act, 2018

1.       Is it explicitly stated that subjects can鈥檛 be left in pain?

No

Yes

2.       Is it explicitly stated that subjects must have adequate ventilation and  protection from heat or cold?

No (nursing home residents may be without air conditioning, in small rooms, in heat waves.)

Yes

3.       Are minimum professional qualifications for investigators/inspectors addressed?

No

Yes

4.       Does the Act address potential conflict of interest?

No

Yes

5.       Does the Act require an annual, publicly available report?

No

Yes

6.       Does the Act require that investigators / inspectors are special constables? (Special constable status enables the investigator / inspector to lay charges.)

No 

Yes

7.       Does the Act address repeat offenders?

No

Yes

8.       Does abuse contravene the Act?

No, according to Protection of Persons in Care staff only failing to report abuse contravenes the Act. Our legal opinion states otherwise.

Yes

9.       What penalties are enabled?

       Up to $2,000 fine, individual

       Up to $30,000 fine, corporation

       1st offence, up to $25,000 fine and /or up to 6 months imprisonment

       2nd offence, up to $50,000 fine and / or up to 6 months imprisonment

       3rd or subsequent offence, $75,000 and / or up to 2 years imprisonment

10.   Are the penalties re #9 above ever employed?

No

Yes

 


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Animals Have Better Protection Than Nursing Home Residents, and Other Updates

  Mom at Doug's and my horse facility, Five Fires Equestrian Centre 馃挅 It's been a while so I thought I'd check in. I'm grat...