Margaret Hall

Margaret Hall
Simon Fraser University · School of Criminology

LLB. LLM PhD

About

40
Publications
7,025
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89
Citations
Introduction
Dr. Margaret Isabel Hall, BA, LLB, LLM, PhD is a Professor and BC Notaries Chair in Applied Legal Studies in the School of Criminology at Simon Fraser University in British Columbia, Canada. Margaret's research interests include law and aging, mental capacity and undue influence, legal responses to vulnerability, and systemic theories of liability in tort law. Margaret's research integrates doctrinal analysis with qualitative research methodologies. Prior to joining SFU Margaret was an Associate Professor in the Faculty of Law at Thompson Rivers University (as a founding member of that faculty) and an Assistant Professor in the UBC Faculty of Law. Margaret has also worked in law reform and was the first Director of the Canadian Centre of Elder Law Studies.
Additional affiliations
September 2019 - present
Simon Fraser University
Position
  • Chair
March 2018 - April 2018
Macquarie University
Position
  • Professor
Description
  • Prof. Hall will be a Visiting Associate Professor at Macquarie Law School in March/April 2018.
September 2011 - June 2016
Thompson Rivers University
Position
  • Professor (Associate)

Publications

Publications (40)
Chapter
Putting the Pieces Together: Article 12, ‘Safeguarding’ and the Right to Legal Capacity Margaret I Hall, LLB, LLM, PhD Simon Fraser University, British Columbia, Canada This paper proposes that operationalising Article 12 of the UN Convention on the Rights of Persons With Disabilities (the CRPD)- that “States parties shall recognise that persons wi...
Article
Full-text available
Background Intolerable suffering is a common eligibility requirement for persons requesting assisted death, and although suffering has received philosophic attention for millennia, only recently has it been the focus of empirical inquiry. Robust theoretical knowledge about suffering is critically important as modern healthcare provides persons with...
Chapter
Full-text available
This Chapter is part of an interdisciplinary collection (law, criminology, sociology, and social policy) exploring a series of issues emerging at the intersection of disability, care and family law. "Family law" is not limited to family law legislation but defined broadly to include all legal rules and doctrines applied in the family context. Dr. H...
Article
Full-text available
The 'making it real' theme of this collection concerns the ways in which theories or conceptualisations of vulnerability and autonomy are and/or can be 'made real' through legal structures and practice. This introductory essay discusses autonomy and vulnerability as words/ideas with multiple meanings within legal doctrines and legal discourse. Thes...
Article
This paper examines the intersection of dementia with the physiological processes and social contexts of old age; assesses the current legal response to problems arising through that intersection; and considers the potentially transformative effect of re-thinking legal response with those contextualised problems in mind. Two distinctive problems ar...
Presentation
Full-text available
Canadian legislation enabling medical assistance in dying (MAID) in certain circumstances does not allow for a MAID request to be made in advance (in a way that is analogous to a health care advance directive). Nevertheless, public interest in advance requests for MAID has continued, and the question of whether advance requests for MAID should be p...
Book
When Canadian Tort Law was first published in 1972, it became the first treatise on the law of torts in Canada. The eleventh edition continues the standard of excellence achieved by each previous edition. As the treatise most commonly cited by the Supreme Court of Canada and other Canadian courts, Canadian Tort Law has greatly influenced the develo...
Thesis
The current discourse around supported decision making and the Convention on the Rights of persons With Disabilities has challenged medico-legal guardianship and the mental capacity construct at its conceptual core, re-conceptualising decision-making as a skill which can be developed and/or enabled through practice and support. Two major gaps in th...
Book
This collection includes 12 papers developed out of a conference held in 2017 ("The Canadian Law of Obligations: Innovations, Innovators and the Next 20 Years") together with a Foreword by The Honourable Justice Russell Brown. The papers included in this collection examine emerging issues, themes, and controversies within the Canadian Law of Obliga...
Article
Full-text available
The narrative character of tort law is fundamental to its content and function. The narratives of tort doctrine identify wrongful/risk-creating conduct, and explain that conduct as being within the control of a defendant in a way that justifies civil liability and compensation. The explanations provided by tort doctrine instruct us how to avoid the...
Article
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Institutions are entities (rather than collections of individuals), with distinct characters and identities that are most aptly explained in terms of institutional culture. The perceptions and actions of individuals embedded in a particular institutional culture are, to a significant extent, caused by that culture. This understanding of the relatio...
Article
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This paper describes how the English courts, in the " heroic act of judicial invention " , have developed a distinct vulnerability jurisdiction, separate and apart from the ancient jurisdiction of parens patriae, through the exercise of the inherent jurisdiction of the court. This new jurisdiction provides a legal basis and mechanism for the disrup...
Presentation
Full-text available
Mental/decision-making capacity is a legal fiction or construct that works differently, for the purpose of achieving different objectives, in different contexts. In the context of guardianship for the old, the identification of capacity is largely controlled by medical actors. This paper suggests that medical assessments of “mental capacity” carrie...
Presentation
Full-text available
This presentation includes a discussion of two recent Canadian court decisions: the decision of the BC Court of Appeal in Bentley v Maplewood Seniors Care Society and the decision of the Supreme Court of Canada in Carter v Canada, together with the implications (present and potential) of these decisions for persons with dementia. The Bentley case i...
Presentation
Full-text available
This presentation will focus on two recent Canadian cases: Bentley v Maplewood Seniors Care Society and Carter v Canada. The Bentley case directly addresses the relationship between advance wishes and the embodied person with dementia; Carter does not, but the decision in that case has important implications in the context of dementia. The plaintif...
Article
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This paper considers the meaning of decision-making, including substitute decision-making, for persons with dementia. The paper discusses the historical development of adult guardianship, from the King’s stewardship of the property of “fools” and “lunatics” to the modern mechanisms of substitute decision-making, and the relationship between substit...
Article
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This paper examines “mental capacity” as a medico-legal social construct and concludes that, while the construct works reasonably well in the contexts of property-related transactions and health treatment decisions, it is deeply problematic and a source of dysfunction in the context of guardianship and guardianship-type interventions. There is noth...
Article
Policy makers are increasingly concerned with the needs of the vulnerable but capable at risk of both self-neglect and exploitation by others. The law has long intervened in decision making where the decision maker is found to lack mental capacity. The principles of equity will apply to retrospectively evaluate decisions of the capable but vulnerab...
Article
Full-text available
In 2000, with the implementation of Part III of the Adult Guardianship Act: Support and Assistance for Abused and Neglected Adults, British Columbia formally recognized the need to examine issues of decisional capacity of older adults within a context of abuse or neglect. Interestingly, however, although the test of capacity was clearly laid out un...
Chapter
Full-text available
The very idea of “law and aging” as a discrete category of legal principle and theory is controversial: how and why are “older adults” or “seniors” or “elders” (the terminology is itself controversial and fraught with difficulties) a discrete and distinct group for whom “special” legal thought and treatment is justified? For some, a category of law...
Article
Full-text available
Vicarious liability- an employer's liability for the torts of its employee-involves (in both definition and application) a balance between two fairnesses: fairness to the innocent third party who has suffered a loss, and fairness to the faultless employer who should not be unfairly burdened with liability for events wholly outside its control. The...
Article
Full-text available
Although family scholars conceptualize caregiving in terms of networks of carers, little attention has been given to equity within these groups. Siblings comprise a prevalent caregiving network of members who feel responsible for parent care, expect to share these responsibilities with each other, and look to each other to evaluate the fairness of...
Article
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A care agreement involves the conveyance of property (typically the family home) by an older adult to a trusted person - perhaps an adult child or other relative, perhaps a friend of neighbour - in exchange for a promose of lifetime care. Care agreements, on their face, may have real attractions for older adults who wish to stay in the family home...
Article
This report considers a range of approaches to the regulation of supportive housing for seniors. These approaches take into account the special hybrid quality of supportive housing as housing with services and the particular needs of seniors, especially at the high "assisted living" end of the supportive housing range. The methodology for the resea...
Article
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This case in the European Court of Human Rights concerned the decision of the House of Lords in X. v. Bedfordshire County Council finding that a local authority did not owe a private duty of care to children in need of protection, despite knowledge of abuse and gross neglect and the possibility that the decision not to intervene was so unreasonable...
Article
Full-text available
After publication of the report of the Waterhouse Inquiry, Lost in Care, and recent UK and European Court of Human Rights decisions regarding the duty of care in negligence, civil actions brought by former children in care against public authorities are certain to increase in the UK and the law in this area is poised for significant development. Re...
Article
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In this article the author addresses the question of liability for failure to prevent the risk of injury to another. Unlike the civil law and the statutory law of the state of Vermont the common law has not developed a general duty to warn of a risk and thereby prevent harm. Where such an obligation has been imposed it is possible to characterise t...
Article
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The trust has been suggested as a conceptual framework for describing the relationship between parent and child as a model for organizing or structuring child protection legislation and practice. This theoretical framework has been only partially followed in the law itself, where the fiduciary relationship between parent and child has been articula...
Article
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When Bonnie Mooney's ex-partner threatened and chased her, she went to the RCMP for help. After hearing her complaint against Ronald Kruska and reviewing Kruska's lengthy record of violent offences, Constable Andrichuk told Mooney there was little he could do. Rather than investigating, as required by a provincial domestic abuse policy, he advised...
Article
Full-text available
The security and well-being of older adults in the "grey zone" - not incapable but more vulnerable - is a key area of concern among practitioners and legislators. The diminished capability associated with disease may be gradual and spotty, a "grey zone" that can last for years. Other, non-medical factors are also significant: vulnerability arises b...
Article
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A theory of systemic negligence as founding institutional liability for harm to children ("abusive institutionalisation") is currently developing in Canadian courts. The courts have allowed class action certification on the basis of a common issue of systemic negligence in several recent cases. The author suggests that, through the class action for...
Article
As evidence of the extent of the abuse of children in residential care increases, our understanding of this terrible wrong has altered. These assaults are an institutional syndrome, at the same time that they are individual crimes; certain systems of institutional care are conducive to/foster abuse behaviour (acting as 'crucibles' rather than 'hone...
Article
Full-text available
Until very recently, a legislative shift towards minimal state ‘intervention’ (endorsed somewhat in the 1995 SCC decision B (R) v Children's Aid Society of Metropolitan Toronto1) seemed to have established a new Canadian norm in child protection. In the province of British Columbia, the apparent ascendancy of that norm, continuing - indeed, self-co...

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Projects

Projects (9)
Project
The project will carry out a study of how the experiences and everyday work of nurses who care for patients at end of life are shaped by the social, geographic, and administrative spaces in which STRS-EOL (including medical assistance in dying or MAiD)are carried out. Take up and experiences of MAiD are deeply inter-connected with the nature and quality of available STRS-EOL and all STRS-EOL, including MAiD, influence and interact with one another in a way that is highly influenced by context. Accordingly, this research will explore the development of MAiD alongside the development of other STRS-EOL strategies (palliative care, palliative sedation, and voluntarily stopping eating and drinking), using an institutional ethnography research approach. Studying STRS-EOL as part of a connected system is an important contribution to the continuing evolution of Canadian law and policy. Prof. Margaret I Hall is a co-applicant on this CIHR funded research project. The PIs for this Project are Dr. Barbara Pesut, Canada Research Chair, Health, Ethics, and Diversity, School of Nursing, UBC and Dr. Sally Thorne, School of Nursing, UBC
Project
This project is about how people with late stage dementia (PLSD) living in dementia care units can express themselves and, by doing so, develop their autonomy through interactions with professional caregivers. We want to help caregivers to recognize and support the often subtle self-expressions of PLSD, including self-expression by PLSD who are especially difficult to understand and/or are agitated or withdrawn. We will video record and analyze interactions between PLSD and their caregivers in order to recognise and understand verbal, vocal and non-verbal expressions by PLSD. On the basis of that analysis, we will develop training tools to assist caregivers in recognising and supporting self-expression for PLSD in dementia care units.
Project
This project is about how people with late stage dementia (PLSD) living in dementia care units can express themselves and, by doing so, develop their autonomy through interactions with professional caregivers. We want to help caregivers to recognize and support the often subtle self-expressions of PLSD, including self-expression by PLSD who are especially difficult to understand and/or are agitated or withdrawn. We will video record and analyze interactions between PLSD and their caregivers in order to recognise and understand verbal, vocal and non-verbal expressions by PLSD. On the basis of that analysis, we will develop training tools to assist caregivers in recognising and supporting self-expression for PLSD in dementia care units.