As It Happens

Nova Scotia Justice Minister wants to explore how to intervene in Landon Webb case

Nova Scotia's Justice Minister, Diana Whalen, says she wants to intervene in the case of Landon Webb, even before a review of the province's Incompetent Persons Act.
(Brenda Webb/Andrew Vaughan/CP)

Nova Scotia's Justice Minister says she wants to intervene in the case of Landon Webb, even before a review of the province's Incompetent Persons Act. Diana Whalen says the review will take too long. 

The Act and the court order under it gives Webb's parents complete decision-making authority over the 25-year-old. When As It Happens host Carol Off spoke with Webb's mother, she insisted that normal autonomy would leave her son at risk. On Tuesday, Webb's lawyer said that his parents had removed his telephone and internet privileges.


Justice Minister Whalen spoke with As It Happens about the legislation and how she plans to intervene. Here is a part of their conversation.

Carol Off: Ms. Whalen, what is it about Landon Webb's experience, his case, that made you decide to review the Incompetent Persons Act?

Diana Whalen: Well as you know Carol, I can't speak specifically to his case but I can certainly say because it has come to light, it is a catalyst for us to have a look at this act and to reconsider what is needed - really to modernize our approach to this.

[The Act] is archaic. No question. It's out of date and it doesn't reflect modern society- Justice Minister Diana Whalen
CO: What can you do in the meantime to improve the situation for this young man?

Brenda Webb and her husband Darrell in Halifax on Wednesday, Oct. 28, 2015. At the time, her son Landon Webb, declared legally incompetent by the courts, hadn't been seen since Oct. 15, when he left a rehabilitation centre in Nova Scotia's Annapolis Valley. (Andrew Vaughan/CP)

DW: I really don't think there is much we can do. We don't have legal authority, the guardians will always have legal authority. What I want to do immediately would be to speak to my counterparts in Community Services and Health, and my officials at the Department of Justice, to see if there is any other avenue that we could use to intervene...before we get to change the legislation and move in that direction. I'm really cognizant of how long it takes to make these changes. It might take us a year or more and that's not a very encouraging amount of time if you're currently in the situation where your rights are not in your own hands.

This interview was edited for length and clarity.

To hear the full interview please select the Listen audio link above.