Class Action for those detained under the Adult Guardianship Act
On November 25, 2022, Klein Lawyers filed a class action on behalf of individuals who were illegally detained under the Adult Guardianship Act. The lawsuit alleges that certain health authorities and other agencies in British Columbia have been illegally detaining individuals. These detentions are a violation of the rights of the individuals and go against the purpose of the Act, which is to protect the well-being of adults who are unable to make decisions for themselves.
The Adult Guardianship Act expressly requires that these agencies “must involve the adult, to the greatest extent possible” in decisions about the support and assistance it believes the adult requires. The Act prioritizes self-determination and autonomy for adults with disabilities. The class action seeks to hold these agencies accountable for their actions and to provide compensation to those who were illegally detained.
The lawsuit is an important step in ensuring that the provisions of the Adult Guardianship Act are being followed and that the rights of individuals are being protected. The lawsuit has the potential to set a precedent and help prevent future illegal detentions from occurring.
The class action is open to individuals who have been affected by the illegal detentions and who meet the eligibility criteria. Claimants are encouraged to come forward and join the lawsuit to help hold the responsible agencies accountable and to ensure that their rights are protected. With the strength in numbers, the class action provides an opportunity for the affected individuals to seek justice and to make their voices heard.
Complete the form below to see if you qualify to join the Adult Guardianship Class Action.
Adult Guardianship Class Action Updates
Significant developments continue to unfold concerning the Adult Guardianship Act Class Action:
- Notice of Civil Claim Filed: On November 25, 2022, legal action was initiated with the filing of a Notice of Civil Claim, marking a formal challenge against the misuse of the Act’s emergency provisions. This step is foundational—it signals the beginning of a rigorous judicial process aimed at correcting the misuse of authority by the designated agencies and setting a precedent for accountability.
- Certification Process Underway: Currently underway, the certification process is pivotal as it determines whether the lawsuit can proceed as a class action. The process involves proving to the court that the case meets specific criteria for class action treatment, such as common issues among class members and an appropriate representative plaintiff. Once the class action is certified, the unified legal front increases the efficacy and impact of the legal action against the defendants.
- Investigation by the British Columbia Human Rights Commissioner: Announced in November 2023, the B.C. Human Rights Commissioner is conducting an in-depth investigation expected to be released by the end of 2024. This investigation is paramount as it will provide an independent assessment of the practices under the emergency assistance provisions of the Adult Guardianship Act. This investigation has the potential to lead to beneficial reforms. The findings could influence policy changes and ensure more stringent adherence to principles of dignity and self-determination for adults under guardianship.
Each of these updates is a key component in a broader effort to protect the rights and dignity of vulnerable adults across British Columbia.
What Is the Adult Guardianship Act in British Columbia?
The AGA provides a legal framework designed to protect adults facing abuse or neglect, particularly those who, due to disabilities or health conditions, cannot independently seek help.
The legislation permits these agencies to intervene when the vulnerable adult appears to be abused or neglected and it seems necessary to act in order to “preserve the adult’s life, prevent serious physical or mental harm to the adult, or protect the adult’s property from significant damage or loss, and the adult is apparently incapable of giving or refusing consent.”
Some agencies have interpreted the legislation to mean they can involuntarily admit and detain adults in care facilities without court authorization. This interpretation is controversial and has raised serious concerns about the violation of individual rights.
In the notable case of A.H. v Fraser Health Authority, a judge ruled the agency had overstepped its emergency assistance powers by detaining a woman for nearly a year without legal grounds. Not only were her Charter rights clearly infringed upon, but the situation further bolstered the ongoing uncertainty about the extent of the powers conferred by the AGA.
There is a delicate balance between protecting vulnerable adults and respecting their rights and freedoms. The controversy over the wielding of these powers has prompted an investigation by the B.C. Human Rights Commissioner. The hope is to shed light on the prevalence of these practices and potentially establish clearer guidelines and stricter oversight to prevent abuses and ensure that emergency provisions are applied justly and lawfully. The rights and dignity of all vulnerable adults in British Columbia must be protected.
What Is the Adult Guardianship Act Class Action?
The Adult Guardianship Act Class Action is a pivotal legal challenge to address the AGA’s systemic issues and how emergency assistance provisions are exercised. The class action contends the misuse of the legislation has led to instances of vulnerable adults being detained without proper legal authority or due process.
This lawsuit seeks to compensate victims impacted by the improper application of the legislation for their mental and emotional suffering in addition to their financial losses. Moreover, a successful outcome for the class could set a legal precedent and reinforce the rights of vulnerable adults across the province. This would ensure their treatment under the AGA aligns with both provincial and national legal standards for human rights and dignity.
Join the Effort
Klein Lawyers encourages those who believe they have been affected by similar misuses of the Adult Guardianship Act emergency assistance provisions to come forward. By joining the class action lawsuit, each individual can contribute to a collective effort to demand accountability and systemic change.
This lawsuit has the potential to benefit thousands of vulnerable adults across B.C. If you suspect you qualify as a class member, fill out the form below, and we will reach out to you with more information.
“The negotiations were conducted by plaintiffs’ counsel with experience in class proceedings.”
“I am satisfied it is apparent from the material, which is complicated, and, I might say very well organized...”
“Plaintiff’s counsel are senior members of the bar who have extensive experience in personal injury litigation and class actions..”
“Mr. Klein is experienced and able in relation to class proceedings. Over time he has acquired expertise that permits him to make a valuable contribution...”
“The lead class counsel is experienced and has been recognized by the courts in approving settlements in other class actions.”
“Counsel for the plaintiffs in the various jurisdictions appear to be experienced in class proceedings, and to be recognized as skilled litigators.”
“…Plaintiff’s counsel retained the British Columbia law firm of Klein Lawyers to assist in the litigation. That firm has extensive experience...”
“Klein Lawyers is a litigation firm focusing on class actions. The firm is based in Vancouver but also has a Toronto office.”
“The proposed Class Counsel have excellent qualifications…”
“Mr. Klein of Klein Lawyers has over 20 years of experience in the field of class action litigation and has appeared as plaintiffs’ counsel in over 25 certified class actions...”
“Class counsel, Klein Lawyers LLP and Kim Orr Barristers P.C., are highly experienced in class action litigation. Both firms have practiced in the specialized area of class action litigation for over 20 years”
“British Columbia class counsel took on this case on a contingency basis, and faced a real risk of not being paid at all for their services.”
“Class counsel pursued this litigation to completion on their own rather than with a consortium of counsel from various provinces.”
“Klein Lawyers has continuously posted updates about the case on its website during the litigation, and has posted the court decisions...”
“There is little doubt that the lawyers of the firm expended a great deal of time in prosecuting the action, in negotiating a settlement...”
“…Class counsel undertook an extensive communication plan to advise potential class members of the proposed settlement and to advise them of the...”
