Tag: long-term care facilities

16 Sep

Protecting Our Most Vulnerable

Suzana Popovic-Montag In the News Tags: , , 0 Comments

The presence of COVID-19 in Canada has been felt through all communities, but those living in long-term care facilities have been most significantly affected. The virus’s exponential infection rate, coupled with the pre-existing medical conditions of many of those who reside in these care facilities, has resulted in high death rates and little insight on how best to protect the elderly community going forward.

On May 19, 2020, Premier Doug Ford announced the Ontario Long-Term Care COVID-19 Commission (the “Commission”) in response to the devastating impact COVID-19 has had on residents and staff of long-term care homes.

The Commission has a mandate to investigate the spread of COVID-19 in long-term care facilities, the adequacy of efforts taken by the facilities to prevent transmission during the first wave of the pandemic, and how various elements of the existing system may impact the spread of COVID-19 within long-term care homes. The commission aims to provide recommendations to the government regarding the health and safety of residents and staff of these facilities and how to better protect them from potential outbreaks in the coming months.

The establishment of the Commission emphasizes the need for quick and decisive action in response to the virus’s overwhelming effect on Ontario’s elderly population. Though the virus’s impact remains prominent at this time, a second wave of COVID-19 is anticipated in the coming months. Consequently, the Commission will work diligently to provide the government with a final report by April 30, 2021.

Three commissioners will lead the investigation. The Honourable Justice Frank N. Marrocco was appointed as Chair of the Commission. Associate Chief Justice Marrocco has been involved in high-profile matters in the past, including as the lead counsel for the Province of Ontario in the Walkerton inquiry. Justice Marrocco was appointed to the Superior Court of Justice in 2005. Angela Coke and Dr. Jack Kitts will accompany Associate Chief Justice Marrocco on the Commission.

Angela Coke is a former senior executive of the Ontario Public Service (OPS), where she spent 27 years committed to the transformation of government operations. Ms. Coke retired in 2017, having previously served as the Deputy Minister, Ministry of Government and Consumer Services, where she played a leadership role on a range of government and public service priorities.

Dr. Jack Kitts completed a three-year tour of duty as a medical officer in the Canadian Armed Forces. He later returned to school for specialty training in anesthesia. In 1995, he was appointed Chief of Anesthesia and Associate Professor at the University of Ottawa. Within three years, he was appointed Vice-president of Medical Affairs and led the medical staff through a large restructuring, in which three hospitals and five large programs merged into the Ottawa Hospital.

Given the qualifications of the members of the Commission and the importance of taking any possible steps to protect the lives of residents of Ontario’s long-term care facilities, the creation of the Commission appears to be a promising first step in implementing necessary measures to enhance the ability of long-term care facilities to adequately respond to the pandemic and to protect their residents and staff once the current health care crisis has passed.

Thank you for reading!

Suzana Popovic-Montag and Nick Esterbauer

08 Jun

“High” Hopes for Improvement of Long-Term Care Facilities in Ontario

Christina Canestraro Elder Law Tags: , , , , , , , 0 Comments

Last week, we blogged on serious deficiencies recently observed in long-term care facilities in Ontario and elsewhere in the country as a result of the Covid-19 pandemic. Improvement of conditions in long-term care homes has long been on the radar for many Canadian provinces even prior to Covid-19. The recent pandemic has highlighted many of the shortcomings of long-term care and provided the much-needed impetus for all levels of government to rethink ways to improve living conditions for residents.

One of the key issues highlighted by the pandemic is the reliance many residents have on family and friends to supply necessities such as food, clothing, and personal care items. Thinking about this led me to consider another important supply chain that may be suspended for residents of long-term care facilities; the supply of medical and recreational marijuana.

Prior to the Cannabis Act, S.C. 2018, c. 16, which came into effect on October 17, 2018, it was illegal to possess, obtain, produce, traffic, and import or export cannabis, except for cannabis for medical consumption. The new regime decriminalized the recreational use of cannabis, while regulations dealing with medical cannabis remained in place. The Cannabis Act was introduced for a number of reasons, one of which was to protect public health and safety to allow adults legal access to marijuana.

With the decriminalization of recreational marijuana came the loosening of stigmas surrounding marijuana consumption.  A growing body of scientific studies suggest that marijuana presents a number of health benefits when used appropriately, such as relief of chronic pain, improved lung capacity, and the alleviation of feelings of anxiety and/or depression. The number of seniors using cannabis since 2012 has increased tenfold, with 52% of seniors reporting using cannabis exclusively for medical reasons, 24% for non-medical reasons, and 24% for both medical and non-medical. Unfortunately, accessing and storing marijuana is not as easy for seniors in long-term care as it is for most adults.

Notwithstanding the new regime, medical cannabis is still required to be purchased from a federally licensed producer by doctor’s order. For many residents, their primary care physician is the resident physician in their long-term care home. Naturally, not all practitioners are comfortable prescribing medical marijuana, meaning residents who prefer to consume marijuana must travel offsite to obtain such prescriptions. Even if a resident is able to obtain medical marijuana, individual long-term care facilities may have different policies in place regarding the delivery and storage of marijuana.

For some, the introduction of the Cannabis Act alleviated some of the above-noted issues by making it easier for family members and friends to purchase and deliver cannabis to residents. Given that OHIP does not cover medical marijuana, there is no financial downside to purchasing recreational cannabis (that is supplied by the Ontario Cannabis Store) rather than medical marijuana.  Irrespective of their intention for use, residents in long-term care facilities should enjoy the same accessibility to marijuana as others.

Perhaps this is yet another issue that the government will consider when revitalizing and improving living standards for residents in long-term care facilities.

Thank you for reading!

Christina Canestraro

A special thanks to Jane Meadus and Professor Lorian Hardcastle for their presentation on Marijuana Use in Assisted Living and Long-Term Care Facilities through the Canadian Bar Association on March 12, 2020.

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