Consent and Capacity Board Appeals to Superior Court
Appealing a decision of the Consent and Capacity Board to the Superior Court of Justice is a complicated process for unrepresented individuals for several reasons, including the following:
- many complex legal documents need to be completed and filed with the court;
- several individuals are denied funding from Legal Aid Ontario to proceed but they lack the financial resources to pursue the case on their own;
- lawyers are either unwilling or unable to provide legal representation; or
- the issue becomes moot.
The PPAO would like the appeals process to be modified to allow true access to justice. We would like to see:
- the simplification of the required legal documentation;
- an expedited appeals process whereby the courts quickly hear appeals;
- either increased funding from Legal Aid Ontario to encourage appeals or a legal clinic to assist individuals; and
- the introduction of an amicus curiae program to assist both unrepresented persons and the court.
