The Power to Protect Vulnerable Individuals Under the Doctrine of Parens Patriae
A recent endorsement by the Honourable Justice Myers in Chang et al. v. Hsieh et al.[1] delivers a valuable reminder of the court’s inherent jurisdiction to protect vulnerable persons under the doctrine of parens patriae.
Initially, litigation was commenced in respect of contested power of attorney appointments granted to a daughter by her now incapable parents. At the within hearing before Justice Myers, Section 3 Counsel sought further directions on the incapable parents’ behalf regarding previous court orders granted by the Honourable Justice Sanfilippo (the “Sanfilippo Orders”). The essential terms of the Sanfilippo Orders provided guidance and direction for the care that the would be provided to the incapable parents during the litigation.
Unfortunately, in the face of a consistent lack of cooperation between the parties, the daughter who was acting under the impugned attorney appointments took steps that Section 3 Counsel alleged were contrary to the Sanfilippo Orders, and further jeopardized the wellbeing of her parents by interfering with their care.
In largely granting the relief sought by Section 3 Counsel, Justice Myers went beyond the task of merely citing the sections of the Substitute Decisions Act and Rules of Civil Procedure that empower the court to provide such directions, but further opined on the court’s inherent jurisdiction to do so under the doctrine of parens patriae:
Most significantly, if the court lacked authority at law, I would draw on the court’s parens patriae jurisdiction to protect the parents. The doctrine of parens patriae is an ancient doctrine under which the King and the government are entitled and, indeed obliged, to protect the best interests of vulnerable people. The parties agree that their parents are incapable under the statutory consent scheme. They were so found by an assessor in August. As such, this court can exercise its equitable authority to protect and defend their best interests.[2]
In this regard, the significant powers afforded by the doctrine of parens patriae should remain top of mind when advocating for the protection and rights of vulnerable individuals whose wellbeing is in jeopardy.
For more on this topic, please see the article written by Jasmine Sweatman and Kimberly Whaley: ETPJ, Incapable and Capable Rights: The Rights of Adults in Vulnerable Circumstances. – Sledgehammer v Swiss Army Knife, Vol: 41-4, August 2022
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[1] Chang et al. v. Hsieh et al., 2023 ONSC 5895.
[2] Chang et al. v. Hsieh et al., 2023 ONSC 5895 at para 10.
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Written by: WEL Partners
Posted on: December 23, 2023
Categories: Commentary, WEL Newsletter
A recent endorsement by the Honourable Justice Myers in Chang et al. v. Hsieh et al.[1] delivers a valuable reminder of the court’s inherent jurisdiction to protect vulnerable persons under the doctrine of parens patriae.
Initially, litigation was commenced in respect of contested power of attorney appointments granted to a daughter by her now incapable parents. At the within hearing before Justice Myers, Section 3 Counsel sought further directions on the incapable parents’ behalf regarding previous court orders granted by the Honourable Justice Sanfilippo (the “Sanfilippo Orders”). The essential terms of the Sanfilippo Orders provided guidance and direction for the care that the would be provided to the incapable parents during the litigation.
Unfortunately, in the face of a consistent lack of cooperation between the parties, the daughter who was acting under the impugned attorney appointments took steps that Section 3 Counsel alleged were contrary to the Sanfilippo Orders, and further jeopardized the wellbeing of her parents by interfering with their care.
In largely granting the relief sought by Section 3 Counsel, Justice Myers went beyond the task of merely citing the sections of the Substitute Decisions Act and Rules of Civil Procedure that empower the court to provide such directions, but further opined on the court’s inherent jurisdiction to do so under the doctrine of parens patriae:
Most significantly, if the court lacked authority at law, I would draw on the court’s parens patriae jurisdiction to protect the parents. The doctrine of parens patriae is an ancient doctrine under which the King and the government are entitled and, indeed obliged, to protect the best interests of vulnerable people. The parties agree that their parents are incapable under the statutory consent scheme. They were so found by an assessor in August. As such, this court can exercise its equitable authority to protect and defend their best interests.[2]
In this regard, the significant powers afforded by the doctrine of parens patriae should remain top of mind when advocating for the protection and rights of vulnerable individuals whose wellbeing is in jeopardy.
For more on this topic, please see the article written by Jasmine Sweatman and Kimberly Whaley: ETPJ, Incapable and Capable Rights: The Rights of Adults in Vulnerable Circumstances. – Sledgehammer v Swiss Army Knife, Vol: 41-4, August 2022
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[1] Chang et al. v. Hsieh et al., 2023 ONSC 5895.
[2] Chang et al. v. Hsieh et al., 2023 ONSC 5895 at para 10.
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