Motion 129 (known as Voula’s Law)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-26
CLNP Page ID:	2327
Page Categories:	[Trespass to Property]
Citation:	Motion 129 (known as Voula’s Law), CLNP 2327, <https://rvt.link/aa>, retrieved on 2024-11-26
Editor:	Sharvey
Last Updated:	2023/12/14

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March 4, 2021: 42nd Parliament, 1st Session: Hansard Transcript 2021-Mar-04 vol. B

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Mr. Joel Harden: I’d like to move a motion that reads as follows: That, in the opinion of this House, the Ford government should provide clear direction to operators that the Trespass to Property Act does not permit them to issue trespass notices to exclude substitute decision-makers and guests of the occupants of retirement homes, long-term-care homes, and other congregate care accommodations when they raise concerns about their loved ones’ living conditions.

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The same thing happened to the Seguin family in Cornwall, where their son Andre—hi, Andre—was living in a group home because Andre needed that 24/7 care and help. When the Seguin family registered complaints about Andre’s living conditions, unfortunately, this is what happened to them, too—trespass orders and disputes. That’s not conducive for anybody’s mental health or physical health. Ultimately, if you can believe it, Speaker, Andre was evicted from that group home and unceremoniously brought back to his family’s front doorstep, his possessions beside him in a garbage bag. Can you imagine? This is the province of Ontario.

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I used to teach legal studies at Carleton University. Putting my legal studies hat on for a second, I can point my friends in government to several statutes that confirm the rights that I’m talking about here. The Trespass to Property Act is very clear that a person can only be trespassing if they do not have legally conferred authority as a POA or as a substitute decision-maker. If the occupant wants them in, they have a right to be there.

The Retirement Homes Act, 2010, section 51(1)(9) stipulates that residents have “the right to have his or her lifestyle and choices respected and to freely pursue his or her social, cultural, religious, spiritual and other interests as long as the resident’s lifestyle, choices and pursuits do not substantially interfere with the reasonable enjoyment of the home for all usual purposes by the licensee and other residents.” There’s a balancing act, but it’s very clear that it’s there.

The Ontario Human Rights Code says the same thing: Tenants of care homes have the right to decide who they want to invite into their home, just as homeowners do. If the landlord tries to control who can visit the tenants, this can be considered harassment.

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When Maria Sardelis mustered up the courage to defy the Trespass to Property Act on that 316th day of separation from her mom, Voula, she called the Ottawa police the day before and told the person on the other end of the line, “I’m going to be defying this order. I don’t think it’s a lawful order. I’m not going to put up any resistance, but I think what’s happening here is wrong.” Police were called, and charges were laid. Guess how long it took for a judge to throw this out of court? Twenty minutes—gone. The judge said, “What’s this doing in my courtroom?”

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Mrs. Daisy Wai: It is my honour to rise today to speak about motion 129, raised by the member for Ottawa Centre.

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Our government stands in favour of this motion. I hope the member will be very happy that we are seeing things in the same way—because we care for our seniors. The seniors are something that we have been speaking—that we not just talk about it; we put that into action. This is a government of transparency and accountability, one that believes above all that services and supports must be delivered for the people. We will continue to build out the systems and supports that meet the unique needs of Ontario’s seniors. They are the fastest-growing segment, I’m sure you know, of our population, with over 100,000 joining the ranks of our seniors every year.

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Ms. Jessica Bell: Thank you to the member for Ottawa Centre for bringing forward this very important motion that I know speaks dearly to residents in Ottawa, and also your own work.

Very simply, this motion aims to make it clear that there is clear direction to operators that the Trespass to Property Act does not permit them to issue trespass notices to loved ones, guests and family members of the occupants of retirement homes, long-term-care homes and other congregate care accommodations when they raise concerns about their loved ones’ living conditions. It makes a lot of sense. It shocks me that this needs to be debated so that the law is actually enforced. I fully support this motion because it is absolutely necessary.

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Every single family member has the right to visit their loved ones in long-term-care homes and retirement homes, following all public health rules and protocols. Family members also have the right to tell the truth if they see substandard, cruel, inhumane conditions and neglect. That is what Mary did, and that’s what every loved one should be able to do, as well.

I fully support this motion. It is part of our long-term campaign to improve the living conditions of people who live in retirement homes and long-term-care homes. It needs to be augmented with the many bills and motions that we have introduced and will continue to fight for, which include taking the profit motive out of long-term care, ensuring that every single resident has four hours of long-term care from a qualified personal support worker so that they can get the care they deserve—and also to support MPP Gretzky’s bill, the More Than a Visitor Act, which gives essential caregivers the right to support their loved one.

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Mr. Tom Rakocevic: I want to thank my friend from Ottawa Centre for bringing forward this important motion.

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I am proud to support Voula’s law. It is my hope that this motion passes unanimously so that families can have the peace of mind that they will not be separated from their loved ones just for advocating on their behalf. There is so much that needs to be done to fix long-term care in this province; certainly, this excellent motion put forward by my friend is one of them.

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Ms. Marit Stiles: I want to thank the member for Ottawa Centre for bringing forward this motion and for continuing to raise this issue on behalf of his community. I am so proud to rise on behalf of my constituents in the great riding of Davenport to support this motion and to urge the government to put aside partisanship and do the right thing.

As we have heard, this bill was prompted by the shocking story of Voula Sardelis, who was kept apart from her daughter for nearly a year. The Ottawa retirement home where Voula lived used the Trespass to Property Act against her daughter Mary, or Maria, in what clearly appeared to be retaliation for raising concerns about her mother’s care.

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Mr. Joel Harden: I’ve had some friends who have coached me along my life tell me that there would be moments like this in politics, when people could come together. I have already seen it, as I said, in this sitting of this Parliament, and this is great. It is great to see us come together and acknowledge these fundamental rights, because we can build on it.

But I want to be very clear: I wouldn’t be here, we wouldn’t be here as parliamentarians even talking about this were it not for the courage of Maria Sardelis, were it not for the courage of the Seguin family, were it not for the courage of Maureen McDermott and all of those folks. This is about them.