Quality Service Expectations for Consent and Capacity Board matters

Although the unique nature of the CCB client group requires an individualized approach with each client, a roster member shall strive to:

    1. Maintain competence in accordance with the Rules of Professional Conduct of the Law Society of Ontario and, in particular, maintain knowledge of the substantive law and procedure in the area of mental health law.
    2. Respond promptly to the inquiries of rights advisers and representatives of the Public Guardian and Trustee (PGT) or Legal Aid Ontario (LAO)  seeking counsel for a client.
    3. Make reasonable efforts to accommodate clients with special needs, including those who require interpreters.
    4. Contact the client as soon as it is practical to do so upon accepting the case.
    5. Meet with the client in person prior to the hearing (subject to exigent circumstances relating to the proximity of the retainer to the hearing and the client’s willingness and ability to do so).
    6. Review the client’s health record prior to the hearing (subject, again, to exigent circumstances relating to the proximity of the retainer to the hearing, the availability of such records and the client’s withholding of permission to do so).
    7. Seek instructions respecting procedural matters such as the waiver of statutory time frames for the conduct of the hearing and adjournment requests.
    8. Maintain, to the fullest extent possible, a solicitor-client relationship in accordance with the Rules of Professional Conduct of the Law Society of Ontario. In particular the roster member will:
      • treat the client with dignity;
      • respond promptly to reasonable inquiries from the client;
      • provide the client with the information necessary to make informed decisions respecting his or her representation;
      • respect the client’s instructions fully within the bounds of his or her professional obligations;
      • advance the client’s position; and
      • maintain solicitor client privilege.
    9. Inform the client of his or her right of appeal.
    10. Inform the client of his or her right to written reasons of the Board.
    11. Make reasonable efforts to inform the client of the decision of the Board and to explain the implications of the decision.
    12. Ensure the client’s interests are protected, including filing a notice of appeal where it is in the client’s interests to do so.
    13. Cooperate, where authorized to do so by the client, with a successor roster member or other lawyer in respect of any appeal brought by the client.
    14. Upon accepting a certificate in respect of an appeal, provide his or her opinion to LAO as required.
    15. Respond promptly to communications from LAO.