Section 3 counsel

The Substitute Decisions Act (“SDA”) provides a number of protections for the dignity and autonomy of persons whose capacity is at issue. One such protection is that when a person’s capacity is at issue under the SDA, the court may direct the Public Guardian and Trustee to appoint a lawyer to act for the person. Among other things, this allows a person who may not have the requisite capacity to instruct counsel to have a voice in the litigation. Justin de Vries has been appointed as section 3 counsel on a number of files. It is a uniquely challenging role and one that is essential to the fair resolution of capacity disputes. We would be honoured to be considered for future appointments.