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mpps pass law to prevent families being kept out of care homes

motion 129, known as voula’s law after a 98-year-old ottawa woman who didn’t see her daughter for more than 300 days in 2018, passed unanimously.

by elizabeth payne

mar 8 2021
read time 4 minute read
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by: elizabeth payne
it is a tactic that is increasingly being used by some operators of care homes to keep outspoken or pesky family advocates and others out.
last week, members of the ontario legislature sent a message that the misuse of no-trespass orders that keep loved ones away from family members in care homes must stop.
motion 129, known as voula’s law after a 98-year-old ottawa woman who didn’t see her daughter for more than 300 days in 2018, passed unanimously in the legislature.
“advocating for your loved one is not a crime, but some operators are treating it like one,” said ottawa centre ndp mpp joel harden, who sponsored the motion. “it’s unfair and inhumane to ban family members from visiting their loved ones and my motion makes it clear that this practice must stop.”
he called passage of the motion a “victory for both the rights of family caregivers and their loved ones living in care homes.”
the motion asked the ford government to provide clear direction to operators of care homes 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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a motion does not have the force of a law, but it puts pressure on the government to take action.
“we know that this motion is only the first step,” said harden. “the provincial government must make clear to care home operators that trespass laws can’t be used to try to keep people out who have a right to be there.
“families have waited long enough, it’s time for this government to act and put an end to this cruel practice once and for all.”
the pandemic, which has kept families and loved ones in care homes apart for months at a time, has underscored how crucial family caregivers are to the health of the elderly and others living in congregate living.
this newspaper has reported on numerous cases in which children with parents in care have been issued no-trespassing orders after complaining about issues involving their parents’ care. as a result, they have been unable to see their family members for periods of time.
but family members and guests cannot be barred from premises under the act if they are the invited guests of residents, say advocates. courts have upheld that, but it often takes time or has the effect of silencing family members, they say.
the use of trespass orders has become so common that the toronto-based advocacy centre for the elderly has posted information about it for families.

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“in general, residents are entitled to visitors or to go on outings without interference by the long-term care home or their families, or substitute decision-makers. only in very limited circumstances where there are either criminal or serious safety issues involved can these parties interfere.”
maria sardelis says she was told to leave the premises of her mother’s retirement home and police were called. as a result, she was prevented from seeing her mother for much of 2018 until the municipal offence was withdrawn.
sardelis is now embroiled in legal battles with the home, whose owners say she was “abusive and harassing,” and refused to abide by an anti-abuse policy — accusations that sardelis vehemently denies.
the impact of being apart from her mother was difficult, she said. her mother, now 98, speaks greek, suffers from hearing impairment and dementia. sardelis said her mother believed she had been put in jail, which caused her anguish.
sardelis’s mother is now in a different retirement home. last fall, sardelis moved in with her mother when she contracted covid-19 and remained with her until she was better. sardelis said her constant presence likely saved her mother’s life when she aspirated in the middle of the night and was revived with the heimlich manoeuvre.

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officials from the home where voula sardelis originally lived say they generally accept the provincial motion when it comes to trespass orders. but added that care facilities must balance the rights of staff and residents with the rights of members of the public.
“if a member of the public acts in an abusive and/or aggressive manner, fair action must be taken to address that conduct. even essential caregivers are not granted carte blanche with regards to the behaviour at our home.”
advocates say trespass legislation should not be used in the way it has been in many cases, and that homes have recourse through criminal and other laws to address real safety concerns.
“unlawful trespass of family has created a palpable culture of fear and silence in seniors and their families; my mother still suffers long-standing trauma,” said sardelis. “we need a clear directive on the enforcement of the trespass to property act, which clearly upholds the right of the ‘occupant’ to receive visitors of their choice.”
 

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