Canadians with pancreatic cancer and their families often face complex legal questions about advance care planning, patient rights, employment protections, and insurance claims. Understanding your legal options and rights can make a huge difference in accessing care, managing financial matters, and ensuring your wishes are respected throughout your treatment.
This Legal Resources section is a work in progress. Over the coming months, we’ll be adding more content and updating it regularly. In the interest of transparency, we’ve published this first draft of the structure and topics we plan to cover, giving you a preview of what’s coming. We hope this helps you see where we’re heading and invites your feedback.
We encourage you to check back often for new updates, and let us know if there are specific topics you’d like us to focus on. Your feedback will help us create a resource tailored to the needs of Canadians navigating pancreatic cancer.
Advance Care Planning
1. Personal Directives (Living Will)
• Explanation and Importance: Personal directives, also known as living wills, outline your wishes for medical treatment if you become unable to make decisions yourself.
• Provincial Variations: Different provinces have different names and requirements for these documents (e.g., Health Care Directive in Manitoba, Advance Care Directive in Nova Scotia).
• How to Create and Register: Steps to complete a personal directive and where to register it in your province.
2. Power of Attorney for Personal Care
• Choosing a Substitute Decision-Maker: Guidance on selecting a trusted person to make healthcare decisions on your behalf.
• Provincial Requirements and Forms: Overview of forms needed and specific requirements for each province.
Estate Planning
1. Wills
• Importance of Having an Up-to-Date Will: Why it’s crucial to have a current will, especially when facing a serious illness.
• Provincial Requirements for Valid Wills: Legal requirements for a will to be considered valid in each province.
• Options for Creating a Will: Choices include hiring a lawyer, using a notary, or creating a holographic will (handwritten).
2. Power of Attorney for Property
• Managing Financial Affairs: How a power of attorney for property allows someone to manage your financial matters if you’re unable to do so.
• Enduring vs. Non-Enduring Power of Attorney: Explanation of the differences and when each type is appropriate.
3. Trusts
• Types of Trusts Relevant for Cancer Patients: Overview of trusts that may benefit patients, such as family trusts or testamentary trusts.
• Tax Implications and Benefits: Potential tax benefits of setting up a trust.
Patient Rights
1. Informed Consent
• Right to Information About Treatment Options: Patients have the legal right to be fully informed about their treatment choices before making decisions.
• Right to Refuse Treatment: Explanation of your legal right to refuse any medical treatment.
2. Medical Records Access
• How to Request and Obtain Medical Records: Steps to access your medical records, including required forms.
• Privacy Rights Under Provincial Health Information Acts: Overview of your privacy rights regarding medical records.
3. Second Opinion Rights
• Legal Right to Seek Additional Medical Opinions: Explanation of your right to obtain a second opinion.
• How to Facilitate Second Opinions: Tips on how to request a second opinion from another healthcare provider.
Employment Rights
1. Job Protection
• Provincial Employment Standards for Medical Leave: Overview of job protection laws related to medical leave in each province.
• Human Rights Protections for Employees with Cancer: Explanation of legal protections under human rights legislation.
2. Workplace Accommodations
• Duty to Accommodate Under Human Rights Legislation: Employers have a legal obligation to accommodate employees with health conditions.
• Process for Requesting Accommodations: Steps for requesting workplace adjustments or accommodations.
Insurance Matters
Health Insurance
• Understanding Provincial Health Coverage: Overview of what is covered under provincial health insurance plans.
• Appealing Denied Claims: Steps to take if your health insurance claim is denied.
2. Life Insurance
• Disclosure Obligations: Legal requirements for disclosing your health status when applying for life insurance.
• Accelerated Death Benefits: Explanation of benefits that may be available if you have a terminal illness.
3. Disability Insurance
• Short-Term and Long-Term Disability Claims: Guidance on filing disability insurance claims and what to expect.
• Appeals Process for Denied Claims: Steps to appeal a denied disability insurance claim.
Legal Assistance Programs
1. Pro Bono Law Services
• Pro Bono Ontario: Free legal services for individuals who cannot afford a lawyer, covering various legal issues.
• Access Pro Bono (British Columbia): Provides free legal advice and representation to low-income residents of British Columbia.
• Similar Services in Other Provinces: Overview of pro bono services available in other provinces, including contact details for each.
2. Community Legal Clinics
• Province-Specific Legal Aid Organizations: Information on legal clinics offering free or low-cost services, tailored to each province’s requirements.
• Eligibility Criteria and Services Offered: Details on who qualifies for legal aid and the types of assistance provided (e.g., family law, housing issues).
3. Canadian Cancer Society’s Legal Referral Service
• How to Access: Instructions on reaching the Canadian Cancer Society’s legal referral service for cancer patients.
• Types of Assistance Provided: Overview of legal issues covered, including wills, power of attorney, and access to healthcare services.
Self-Advocacy Resources
1. Communicating with Healthcare Providers
• Patient Rights in Healthcare Settings: Explanation of your legal rights as a patient, including the right to informed consent and privacy.
• Tips for Effective Communication: Advice on how to clearly communicate your needs and concerns to healthcare providers.
2. Navigating the Healthcare System
• Understanding the Complaint Process: Steps to take if you need to file a complaint against a healthcare provider or institution.
• Provincial Patient Ombudsman Services: Contact information for ombudsman services in each province, which can help resolve disputes and issues.
Additional Resources
1. Provincial-Specific Legal Information
• Links to Provincial Laws and Regulations: Direct links to websites providing information on relevant laws and regulations for each province.
• Local Legal Aid Organizations: Contact details and descriptions of legal aid services available in each province.
2. Educational Materials
• Glossary of Legal Terms Related to Cancer Care: Definitions of common legal terms you might encounter during cancer treatment or estate planning.
• Guides on Patient Rights and Responsibilities in Canada: Comprehensive guides that outline your rights and responsibilities as a patient in the Canadian healthcare system.
3. Helpful Contacts
• Provincial Law Societies for Lawyer Referrals: Contact information for provincial law societies, which can help you find a lawyer or get legal advice.
• Canadian Bar Association’s Resources for the Public: Links to free resources provided by the Canadian Bar Association, including legal information and public guides.