Browsing by Author "Pearson, S."

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    Civil Investigation and Abuse of Vulnerable Adults in Calgary: An Exploratory Study
    (Canadian Research Institute for Law and the Family. Prepared for the Action Group on Elder Abuse., 2010) MacRae, L.; Pearson, S.
    Since 2004, Calgary’s Action Group on Elder Abuse (AGEA), an initiative of the Alliance to End Violence, has engaged community stakeholders in identifying gaps and building community capacity in addressing the issue of abuse of older adults. In 2007, AGEA initiated the development of a coordinated community response model for older adult victims of abuse and neglect in Calgary. As part of this process, three “Pulling Back the Curtain” working sessions were held in 2008, where community stakeholders were engaged in discussions regarding what Calgary’s community response model requires in order to be effective. As a result of these working sessions, a response model was drafted and presented to the community in October 2008. The consultations on the response model led to discussions regarding a civil investigation procedure for responding to situations where abuse or the risk of abuse of an older adult is alleged in the community, as it was recognized that a gap in protection exists in Alberta for this population. This is especially true of cases where there is no discernable criminal element. AGEA recognized the importance of determining whether a non-criminal investigation procedure would be appropriate, feasible, and desired in Calgary. AGEA approached the Canadian Research Institute for Law and the Family (CRILF) in 2009 with the idea of conducting a small feasibility study. Ultimately, AGEA would use the results of the study to increase Calgary stakeholders’ understanding of civil investigation, and consult with the community on whether it should be a part of Calgary’s community response model to address the abuse of older adults. With funding from the Alberta Law Foundation, and in partnership with AGEA, CRILF and legal consultant Sheryl Pearson began work on the feasibility study in March 2010. The purpose of this report is to determine the feasibility of a non-criminal investigation procedure in Calgary for cases where abuse of older adults is suspected, including the resources and legal mechanisms required as well as potential issues that may exist. The objectives of the report are as follows: (1) To increase understanding of the legal mechanisms available in Alberta provincial adult protection legislation; (2) To increase understanding of non-criminal investigation models in Canada and internationally for cases of older adult abuse, and the legal and social mechanisms required for their operation; (3) To determine whether non-criminal investigation would be appropriate and supported in Calgary’s community response model; and (4) To determine the feasibility of adopting a non-criminal investigation procedure in Alberta as a possible tool to better protect older adults in the community.
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    An Evaluation of Alberta's Family Law Act
    (2011) MacRae, L.; Simpson, S.; Paetsch, J.; Bertrand, L.D.; Pearson, S.; Hornick, J.
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    An Evaluation of Alberta's Family Law Act
    (Canadian Research Institute for Law and the Family., 2009-05-01) MacRae, L.D.; Simpson, S.; Paetsch, J.J.; Bertrand, L.D.; Pearson, S.; Hornick, J.P.
    The Alberta Family Law Act (FLA) was enacted on October 1, 2005 in an effort to modernize, rationalize and consolidate Alberta family law, streamline court procedures, and provide a non-adversarial approach to resolving family conflict in the best interests of children and families. With funding form the Alberta Law Foundation, the Canadian Research Institute for Law and the Family (CRILF) conducted a two-year evaluation of the legislation in order to determine whether the procedural and substantive changes are fair, effective, and efficient. The objectives of this study were to: 1. Develop a detailed evaluation framework, including measurement tools and instruments. CRILF worked with the Steering Committee to determine what was feasible in terms of data collection and measurement. The evaluation framework guided the remainder of the project; 2. Evaluate the impact of the procedural changes that have resulted from the FLA. A significant change under the Family Law Act was the streamlining of court procedures. The project examined the impact of this change on workload to see if the Act has been successful in its objectives of procedural effectiveness, efficiency, and accessibility; 3. Evaluate the impact of the substantive changes outlined in the FLA. Substantively, the Family Law Act deals with all aspects of family law in a nondivorce context. The Act recognizes changing social conditions and updates key legal concepts. It is important to assess whether the changes have been fair, effective, and efficient; and, 4. Inform recommendations to improve the effectiveness of the FLA and to fine tune provisions.
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    Legislation, Existing Protocols and Best Practices Training for Service Providers and Caregivers of People with Developmental Disabilities in the Criminal Justice System
    (Canadian Institute for Law and the Family and The Vocational Rehabilitation Institute. Prepared for the PDD Alberta Provincial Board and Alberta Community Development., 2006) Pauls, M.; Bailey, M.; Pearson, S.
    There are large gaps in our knowledge concerning people with developmental disabilities who are involved in the Criminal Justice System. Not only can this lack of education, information, and training lead to inappropriate practice and victimization, but it also has implications for service providers and caregivers who are expected to support decisions made for that person when involved in the system. Service providers and caregivers are not always aware of legal rights and the justice process, and struggle with how to best support the client; acting in an uninformed manner can have long-term negative consequences for the client. The purpose of this project was two-fold. The first goal was to identify gaps in legislation and practice that can lead to victimization of people with developmental disabilities within the Criminal Justice System, in order to inform recommendations for change. The second goal was to provide education, information, and training to services providers and caregivers. If service providers and caregivers are informed and educated, they are in a better position to support people with developmental disabilities through the justice process. This will ensure the accommodation of people with developmental disabilities and prevent possible victimization by the system. In order to gain a greater understanding of legal rights and the justice system process, as it relates to people with developmental disabilities, the project consisted of four components: 1) a legal analysis; 2) key informant interviews with personnel from the Criminal Justice System; 3) focus groups and individual interviews with people with developmental disabilities, service providers, caregivers, and family members; and 4) information and education workshops for service providers and caregivers. Highlights of the Findings The experiences of people with developmental disabilities, support staff, and caregivers in the CJS highlighted in this study have not been positive. While support staff and clients expressed the belief that some progress has been made in terms of educating police officers about disabilities, they agreed that much remains to be done. Lack of knowledge and understanding surrounding specific developmental disabilities often leads to inadequate responses to clients’ behaviour. This, coupled with the lack of clients’ understanding of the legal process highlights the importance for some form of advocacy for people with developmental disabilities. While support staff agree that part of their role is to advocate for clients, they are quick to point out that the sole responsibility is not theirs. Support staff suggested the need for a response that is specific to persons with developmental disabilities. The legislative review, combined with interviews with justice officials, has revealed the lack of consideration given to the unique needs of people with developmental disabilities within the CJS. In most cases, the lack of legislation and protocols that specifically address people with developmental disabilities and guide the process is what hinders justice officials from effectively dealing with this population. viii Identification, communication, and understanding were also highlighted as challenges in this area. A lack of alternative programs and community supports, specific to people with developmental disabilities, complicates the issue further. Respondents discussed utilizing programs for other vulnerable populations, or proceeding through the justice system as is, because alternative options are unavailable. While there are times when diversion is not appropriate, there are other times when it is, but diversion requires appropriate and effective initiatives outside of the system.