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Three-judge panel to decide whether Rideau Regional Centre will stay open
Tony Lofaro, The Ottawa Citizen
Published: Wednesday, December 14, 2005
An Ontario Divisional Court's judicial review yesterday extended the stay on moving residents out of three
provincial facilities for mentally disabled adults and postponed any final decision on the future of the institutions.
The move by a three-judge panel, made at the end of two days of hearings, follows a previous judge's order that
ordered the province temporarily stop closing procedures at the Rideau Regional Centre near Smiths Falls, the
Huronia Regional Centre in Orillia and the Southwestern Regional Centre near Chatham. The stay means none of
the 1,000 residents living at the centres can be transferred to group homes -- a move proposed by the Ontario
government -- until 30 days after the judges hand down their decision.
In September, Ontario Superior Court Justice Robert Smith issued a 90-day stay on any further removal of
residents from the provincial facilities, leaving it to a judicial review to decide on the ultimate fate of the institutions.
Yesterday's decision by the three-judge panel was seen as a victory by dozens of family members and friends who
packed a courtroom over the past two days to hear arguments from lawyers for the Ontario government, and
lawyers representing family members opposed to the closings.
"I think it was very appropriate they (judges) reserved their decision," said James Gray, whose sister, Ann, has
lived at the Rideau Regional Centre for the past 50 years. "There are some complex issues here. Some very
difficult questions, a lot of evidence and a lot of arguments to sift through and they need time to do that."
He said he expects the judges to come down with a decision on the fate of the facilities soon, adding that it's an
important decision for people in the province.
The Rideau Regional Centre, one of three remaining facilities still operating for mentally disabled adults, opened in
1951 and houses about 412 residents. Some of the residents -- whose average age is 54 -- have profound to severe
mental disabilities.
A majority have spent decades living at the centre and their families fear that if they are released into the
community they will pose a serious risk to themselves and to others.
The provincial government has said it will close the three institutions by 2009, although it is unclear how the
estimated 1,000 residents will be absorbed into group homes or other similar facilities.
"We couldn't have asked for anything better," Ottawa lawyer Brenda Hollingsworth said yesterday regarding the
decision to extend the stay.
"The court clearly needs time to reserve its decision because of all of the evidence before it."
Ms. Hollingsworth is representing Ann Gray. The lawyer argued in court that the community and social services
department has no legal authority to close the facilities.
Lawyers for the facilities also said the transfer of residents without properly obtained informed consent is a breach
of their rights under the Canadian Charter of Rights and Freedoms.
Community Living Ontario, a Toronto-based group that promotes the inclusion of mentally disabled adults into the
community, was an intervener at the judicial review yesterday
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