At Issue - May 31, 2025
At Issue is Canada's most-watched political panel, hosted by CBC Chief Political Correspondent Rosemary Barton and featuring leading political journalists; Chantal Hebert, Andrew Coyne, Althia Raj and Elamin Abdelmahmoud.
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Globe and Mail
20 minutes ago
- Globe and Mail
Too many disabled Canadians are quietly denied the right to make a will
Across the country, a basic legal right is being denied. People with autism, cerebral palsy or other cognitive and developmental disabilities are often unjustly presumed incapable of making a will. These assumptions don't come from the courts. They come from the professionals who are supposed to help: lawyers, advisers, institutions. And they're wrong. Because under Canadian law, a diagnosis is not disqualification. Some people are legally incapable of making a will. They include those with advanced dementia, severe brain injuries or other conditions that leave them unable to understand what a will is, what they own or who they might wish to provide for. Some individuals, with conditions such as autism or intellectual disabilities, for example, may not meet the test. In those cases, the law rightly steps in to protect them. But the fact that some individuals lack capacity doesn't justify assuming all people with disabilities do. Barriers to access: New Canada Disability Benefit will leave many people with disabilities behind The legal test for whether someone is mentally capable to make a valid will is rooted in the precedent of Banks v. Goodfellow, decided more than 150 years ago in the English High Court, and it affirms that understanding and intention matter more than labels. John Banks, the subject of that case, was a wealthy man with a history of mental illness. He believed he was pursued by evil spirits. In 1870, he wrote a will leaving his estate to his niece. A distant cousin challenged the will, arguing he lacked the mental capacity to make it. The court disagreed. It found that Mr. Banks, despite his illness, understood what a will was. He knew what he owned. He knew who might expect to inherit. And he made a conscious, rational choice. His delusions didn't affect that decision and so the will stood. That case still governs Canadian law on capacity today. A person is capable of making a will if, at the time of signing, they understand what a will is and what it does. They must also have a general understanding of what they own, who might reasonably expect to benefit from their estate, and they must not be under the influence of a delusion or mental illness that directly affects their decisions. Most importantly, they must not be under the influence of a delusion or mental illness that directly affects their decisions. It's a flexible, human test. It doesn't require legal fluency or mathematical precision. It requires comprehension and a free, rational intention. And yet many individuals with disabilities are denied the right to make a will before they even get the chance to demonstrate that understanding. 'We are not a priority': Disability advocates say lack of minister sends a message The problem lies not in the law, but in how it's applied. Too often, professionals mistake difference for deficiency. They see a diagnosis, or a non-traditional way of communicating, and assume the person isn't capable. That could be a non-speaking adult using a speech-generating device, or a person with cerebral palsy who communicates slowly, but thinks clearly. These are individuals who may meet all the legal requirements, but who are often excluded based on how they present. That's not caution. That's bias. The role of legal professionals isn't to screen people. It's to meet them where they are. That might mean slowing the pace, using visual explanations, involving trusted support people or arranging a formal capacity assessment. These aren't barriers – they're tools to ensure inclusion. It's also worth noting that not everyone with capacity needs a will. If a person holds all of their assets jointly, or utilizes beneficiary designations for assets such as RRSPs, pensions or life insurance policies, those assets may pass outside the will altogether. In some cases, letting the default rules of intestacy – the legal system that decides who inherits when someone dies without a will – apply may be entirely appropriate, so long as the person understands the implications and makes that choice freely. At its core, a will is about more than property. It's about autonomy. It's about being seen, being heard and leaving a mark. And that power belongs to anyone who meets the legal test, regardless of diagnosis, disability or how they communicate. In a country that prides itself on inclusion and human dignity, it's time we started acting on it. Max Shilleto is an estate planning lawyer and disability advocate in Vancouver.
CBC
22 minutes ago
- CBC
House unanimously adopts Liberals' promised income tax cut
The House of Commons unanimously voted in favour of the Liberals' promised income tax cut on Thursday. The Liberals promised to bring in a one percentage point reduction in the lowest marginal tax rate — taking it from 15 per cent to 14 per cent — during this spring's election campaign. The government introduced a "ways and means" motion to make the tax changes last week and all MPs voted in favour of the motion on Thursday. A ways and means motion allows the government to start making changes to the tax code before such changes are passed in legislation — but a bill will still need to be passed. Finance Minister François-Philippe Champagne introduced legislation on Thursday morning that will formally adopt the tax cut into law. Prime Minister Mark Carney promised to implement the tax cut by Canada Day. The Liberals say it will save two-income families up to $840 a year in 2026. Prior to Thursday's vote, Conservatives had signalled that they would be willing to support the tax cut — even though they said it should go further. "We are the party of taxpayers. We will vote for every tax cut always and everywhere. We love taxpayers and we want taxpayers to be better off," Conservative Leader Pierre Poilievre said last week.
CTV News
26 minutes ago
- CTV News
Polls open for teachers as they vote on potential strike
Alberta teachers will take to the polls over the next four days to determine whether or not they will go on strike. The Alberta Teachers' Association (ATA) and the province have been in collective bargaining agreement negotiations since August when the contract with teachers expired. The information you need to know, sent directly to you: Download the CTV News App Teachers have been calling on the province for higher pay as well as more supports and resources as they deal with classroom complexities. The ATA rejected a mediator's recommendations for a new provincial collective agreement earlier in May. The recommendations included a general wage increase of three per cent per year, a process for teachers to deal with classroom complexities and $400 million in classroom improvements. Following the rejection, the ATA initiated a strike authorization vote to gauge the temperature of its members. Nearly all who voted were in favour of going to a strike vote. Since then, negotiations have been left in limbo as the ATA determines its next move. If teachers vote in favour of a strike, they will have 120 days to take action unless a resolution is made between the provincial government's Teachers' Employer Bargaining Association and the ATA. Online voting will take place June 5-8.
