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Proposals to the draft text - Canada

August 26, 2004

ARTICLE 9

REVISED PROPOSAL BY CANADA

1. States Parties shall recognize that, in civil matters, adults persons with disabilities have a legal capacity identical equal to that of other adults persons and shall accord them equal opportunities to exercise that capacity. In particular, they shall recognize that adults persons with disabilities have equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.

2. States Parties shall ensure that where adults persons with disabilities need support to exercise their legal capacity, including assistance to understand information and to express their decisions, choices and wishes, the assistance is proportional to the degree of support required and tailored to the adult’s person’s individual circumstances.

3. Only a competent, independent and impartial authority, under a standard and procedure established by law, including provision for review, can find a adult person not to have legal capacity unable to exercise their legal capacity with support. States Parties shall provide by law for a procedure with appropriate safeguards, including provision for review, for the appointment of a personal representative to exercise legal capacity on the adult’s person’s behalf. Such an appointment should be guided by principles consistent with this Convention and international human rights law, including:

(a) ensuring that the appointment is proportional to the adult’s person’s degree of legal incapacity inability to exercise their legal capacity with support and tailored to the adult’s person’s individual circumstances; and,

(b) ensuring that personal representatives take into account, to the maximum extent possible, the adult’s person’s decisions, choices and wishes.

Canadian amendments to art. 15

(d) community services for the general population are available to p}sons with disabilities on an equal basis with o!rs and are responsive to their needs;