The Advocacy Act

In December, 1992 the Government of Ontario passed a comprehensive legislative package to allow all Ontarians to make decisions about their own lives and health, and to have those decisions respected should they become unable to act for themselves. The Advocacy Act, the Substitute Decisions Act and the Consent to Treatment Act work together to achieve comprehensive support and protection for all Ontarians.

The cornerstone of the package is the Advocacy Act, designed to assist vulnerable people to exercise their rights, freedoms and autonomy. The Act provides for the establishment of a province-wide advocacy system run by an independent commission. The majority of the commission’s members will be senior citizens or people who have disabilities, have had disabilities, or are likely to acquire disabilities.

The Advocacy Commission has a broad mandate that promotes respect for vulnerable people and their rights. It will decide how advocacy services will be delivered, ensure that advocates are properly trained, and develop the policies, practices and code of conduct under which advocates will operate.

There will be 12 commissioners, plus a chair. Eight of the commissioners and the chair will be selected through an Appointments Advisory Committee process, with the remaining four chosen through the regular public appointments process.

The Appointments Advisory Committee is a unique feature of the legislation. The members of the Committee are to be chosen by the minister from nominations made by consumer organizations throughout Ontario. Disability, seniors and patients’ rights organizations with 10 or more members, of whom a majority are consumers, are eligible to nominate and vote for the individuals who sit on the Appointments Advisory Committee.

The province has been divided into six regions. Within each region, eligible consumer groups will be able to nominate candidates for a regional ballot. The candidate who receives the most votes, or has been acclaimed, will go on a provincial ballot.

Once the provincial balloting has been completed, the names of two candidates in ech disability category, four candidates in the seniors category and two candidates in the patients’ rights category will be presented to the minister. The minister will select one name from each of the disability categories, one from the patients’ rights category and two from the seniors category to form the Appointments Advisory Committee.

The Appointments Advisory Committee will establish criteria for the selection of Commissioners and recruit prospective candidates. It will then provide the minister with three choices for the position of chair, and two choices for each of eight positions on the Advocacy Commission. The minister will independently select four other individuals who have demonstrated a commitment to the purposes of the Act to represent the general public on the Commission.

From March 15, 1993 to March 30, 1993, 16 information meetings will be held across the province. The purpose of these meetings is to explain the selection process, the role of the Appointments Advisory Committee, the mandate of the Advocacy Commission and key provisions of the Advocacy Act itself.

The meetings will be advertised by the Ministry of Citizenship and its community partners, the Ontario Advocacy Coalition, People First of Ontario and the Ontario Society of Senior Citizens’ Organizations. Participation forms for consumer groups will be distributed shortly. A voter list will be assembled from the completed forms. Next, there will be a call for nominations and the regional and provincial balloting.

We hope to see you at one of the information meetings in March. Only with the assistance and participation of community groups and individuals can we create an advocacy system that will assist in bringing dignity, autonomy and a better quality of life.

(Elaine Ziemba is the Ontario Minister of Citizenship with responsibility for Human Rights, Disability Issues, Seniors’ Issues and Race Relations.)