Landon Webb case to spark changes in Nova Scotia's Incompetent Persons Act

Nova Scotia says it will modernize its Incompetent Persons Act over the next year and will not contest a court constitutional challenge of the law filed by a 25-year-old man who has been declared incompetent.

"It really is an all or nothing law right now. It does not reflect the reality that many people are capable of doing some things," Nova Scotia Justice Minister Diana Whalen said Tuesday.

The impetus for the modernization is the case of Landon Webb, who is challenging a guardianship order imposed on him under the current Incompetent Persons Act. 

The law allows a parent or guardian to prove that a person has a "mental infirmity," making that person unable to manage their own affairs.

Webb's parents have said he functions at the level of a 10 to 12-year-old child. But Webb argues he should be found competent, and in the past has sought to live independently by running away from residential facilities.

'We need to modernize it'

Whalen said the act will either be amended or repealed and replaced by next spring. The minister's remarks confirm a report by CBC News on Monday.

On Monday, Webb's lawyer, Susanne Litke, was informed by the Crown that it will not oppose her charter argument that the law is an infringement on Webb's rights.

Whalen told reporters in Halifax that it made little sense to try and defend a law the government feels is "deficient."

"We need to modernize it," she said.

The justice minister said over the past five years, 49 Nova Scotians were declared incompetent under the act.

Whalen declined to speculate what remedy will be appropriate in the case of Webb, whose guardianship includes giving police powers to place him in a locked facility if he is deemed a flight risk.

The justice minister said she is leaving that up to the courts. She also said until the law is overhauled it will remain in place to provide protection to families and the public.