Seniors are being detained through a flawed process that declares them to be incompetent. Detaining citizens without a trial violates the Charter of Rights and Freedoms. A physician, has a powerful quasi-judicial position in society by virtue of the reliance by the judiciary and al on his assessments. His assessment can lead to the detaining of lawful citizens behind locked doors and removal of all property and human rights. Currentstandards for such assessments are not well defined. We have recently learned that the Regulations of the new Adult Guardianship and Trusteeship Act which has been passed but not yet been proclaimed, extends that power to occupational therapists, social workers and nurses.

October 6, 2009