THUNDER BAY -- No family should endure unnecessary suffering or be torn apart from their loved ones due to the misuse of the Trespass to Property Act. As Official Opposition Critic for Seniors and Persons with Disabilities, I'm going to do everything I can to take a stand against these injustices.
In the season of warmth and family, the joy of spending time with loved ones is a thing we all cherish. Unfortunately, for many families in Ontario, this right is being unjustly stripped away, thanks to the misuse of the Trespass to Property Act (TPA).
Currently, home operators are inappropriately using the Trespass Act to retaliate against family members who speak out about their loved ones’ living conditions. Instead of responding to family’s concerns, certain home operators illegally use the Act to ban them.
The Residents’ Bill of Rights is clear: “Every resident has the right to receive visitors of their choice, without interference. Every resident has a right to ongoing and safe support from their caregivers to support their physical, mental, social, and emotional well-being.”
During this holiday season, family members, including mothers and siblings of children with disabilities, are threaten with trespass or barred from group homes. In long-term care facilities, some are facing a lifetime ban from visiting their parents. This not only violates the LTC Residents' Bill of Rights but also leads to the forced isolation of those in care and deepening trauma for family members who are unable to visit.
In March 2021, the Ontario Legislature passed Motion 129, demanding clear direction for care facility operators. The motion explicitly states that operators cannot misuse the TPA to ban family members who speak out about their loved ones' living conditions. However, the reality on the ground tells a different story.
Unfortunately, the misuse of the TPA persists, allowing care home operators to avoid accountability for the quality of care - police, often uninformed about the correct application of the Trespass Act, contribute to tearing families apart. The threats of retribution faced by those in care further silence concerns and perpetuate the cycle of abuse.
Clearly, we must do better. The heartbreaking reality of seniors dying alone during the pandemic should serve as a stark reminder that we cannot allow this atrocity to continue in non-pandemic times. The TPA does not apply to those seeking better care for their loved ones.
Lise Vaugeois
MPP, Thunder Bay-Superior North
Opposition Critic for Seniors & Persons with Disabilities and Accessibility
