kyraofMists
Posts: 3292
Joined: 7/29/2005
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quote:
ORIGINAL: velvetears
One of your original questions was - if i remember correctly - asked what he intended to "do with you" after all was said and done and this deal was sealed. Even if he does get this guardianship of you, he is still accountable under laws to be judicial in his guardianship and take care of you, he can't abuse his power, he is accountable - guardianship doesn't give one free reign. Also he is still bound by all the other laws. He cannot keep you prisoner, he can't maim you, rape you, set you on fire etc.... You don't give up your rights as a human being to be protected under the law just because you are under someones guardianship legally.
Here are excerpts from a link I found while googling Adult Guardianship and Canada that support these statements:
http://www.qp.gov.bc.ca/statreg/stat/A/96006_01.htm
"abuse" means the deliberate mistreatment of an adult that causes the adult
(a) physical, mental or emotional harm, or
(b) damage to or loss of assets,
and includes intimidation, humiliation, physical assault, sexual assault, overmedication, withholding needed medication, censoring mail, invasion or denial of privacy or denial of access to visitors;
Guiding principles
2 This Act is to be administered and interpreted in accordance with the following principles:
(a) all adults are entitled to live in the manner they wish and to accept or refuse support, assistance or protection as long as they do not harm others and they are capable of making decisions about those matters;
(b) all adults should receive the most effective, but the least restrictive and intrusive, form of support, assistance or protection when they are unable to care for themselves or their assets;
(c) the court should not be asked to appoint, and should not appoint, decision makers or guardians unless alternatives, such as the provision of support and assistance, have been tried or carefully considered.
Presumption of capability
3 (1) Until the contrary is demonstrated, every adult is presumed to be capable of making decisions about personal care, health care, legal matters or about the adult's financial affairs, business or assets.
(2) An adult's way of communicating with others is not grounds for deciding that he or she is incapable of making decisions about anything referred to in subsection (1).
If you are capable of making your own decisions, then this does not appear to be legal. It is my opinion that choosing not to make your own decisions does not warrent involving the government of Canada into your personal lives. Once you have invited them in, they are duty bound to now protect someone who is legally declared incapable of managing their own affairs.
From the definition of abuse within the Adult Guardian document from BC, Canada many of the things we do in BDSM would be considered abusive. Restricting your access to outside contacts would be abusive. Branding you would be abusive. Hitting you would be abusive. Brainwashing you would be abusive. If someone were to inform the Canadian government that they thought you were being abused, they would have to investigate and he would not have the defense that you consented because you have been legally declared incapable of providing consent.
Knight's kyra
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"Passion... it lies in all of us. Sleeping, waiting, and though unbidden, it will stir, open its jaws, and howl. It speaks to us, guides us... passion rules us all. And we obey..." ~Angelus
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RE: on the topic of consenting to non-consent - 
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