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A woman gasses up at a gas station in a February 2024 file image. (THE CANADIAN PRESS/Christopher Katsarov)
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Globe and Mail
28 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
35 minutes ago
- CBC
Measles-infected infant dies in southwestern Ontario
Ontario's Ministry of Health announced on Thursday the first recorded death of a measles patient from the current outbreak that started in October of last year. Dr. Kieran Moore, Ontario's chief medical officer of health, issued a statement announcing the death of a southwestern Ontario infant that was born prematurely and infected with the highly contagious virus through its mother, but offered few details. "The infant contracted the virus before birth from their mother, who had not received the measles, mumps and rubella [MMR] vaccine. While measles may have been a contributing factor in both the premature birth and death, the infant also faced other serious medical complications unrelated to the virus," Moore wrote. "Out of respect for the family's privacy, no further personal or medical details will be shared."
CBC
an hour ago
- CBC
Man wanted after alleged sexual assault of woman in High Park: Toronto police
Toronto police are looking for a suspect who allegedly sexually assaulted someone in High Park Wednesday night. Around 10:40 p.m., officers responded to a call reporting a sexual assault in the Howard Park Avenue and Parkside Drive area of the park, police said in a public safety alert Thursday. A woman had been walking on a paved pathway when a male suspect approached her from behind, dragged her into a wooded area of the park and sexually assaulted her, police said. Police said the woman was able to get away from the suspect and get help from a passerby who called 911. The woman sustained non-life-threatening injuries. The suspect, who fled the area, is described by police as a Black man between 30 and 40 years of age, about five feet 10 inches tall with a slim, athletic build. He was last seen wearing a t-shirt and dark-coloured pants.
