Landon Webb's parents give up guardianship as Incompetent Persons Act made invalid
Nova Scotia has a year to draft new legislation
Nova Scotia's Incompetent Persons Act was declared invalid today as the parents of Landon Webb gave up guardianship of their 25-year-old son.
Webb had been fighting to overturn his "mentally incompetent" status under the act, saying it infringes on his rights and freedoms. The act allows a parent or guardian to prove that a person has a "mental infirmity" that renders the individual unable to manage his or her own affairs.
The Nova Scotia Supreme Court has given the province a year to redraft the law so it conforms with the Charter of Rights and Freedoms.
Medically competent
Webb was also declared medically competent, though he will require some monitoring.
"Let's not get into an argument of how he gets free," Justice Jamie Campbell told the court.
Campbell said not to "bother with the lawyer stuff," and to just tell Webb that he is free.
Webb was in the Halifax court to argue the act limited his rights as a person with intellectual disabilities. His parents, Brenda and Darrell Webb, did not attend the hearing.
"I'm just really pleased that I have my life back," their son said outside court. "Really I'm in a lot of shock and really overwhelmed."
He said he'd go to a cottage this weekend and "just sit around a fire and look at the stars and not have to listen to all the traffic and just enjoy myself."
He said he plans to work at detailing cars, and hopes to eventually own a detailing business.
'I don't hold a grudge'
Jeanne Desveaux, lawyer for the parents, said the case was tried in the media. The last thing they wanted was their son in custody, their lawyer said.
Webb said he would like to have a relationship with his parents in the near future.
"I'm very kind-hearted and I don't hold a grudge," he said.
Seeking $25K
Webb's lawyer argued he was held against his will and subjected to random searches, and could be arrested at any time, so should be compensated. Webb is seeking $25,000 from the province.
The judge interjected to suggest the parents were doing their best — Webb's lawyer said the problem was the tools they used.
The judge also discussed the possibility of Webb's story opening the floodgates to other suits. Webb said outside court it was good that others in similar situations might be affected by the court's decision.
His parents had argued he functions at the level of a 10- or 12-year-old, but Webb disagreed, and wanted to be free to live a normal life.
His case attracted attention last October after he left a rehabilitation centre for several weeks, was found safe in Edmonton and returned to Nova Scotia, where he told local media that he is not incompetent.
With files from The Canadian Press