Motion 129 (known as Voula’s Law)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
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 2024-11-23
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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