Landon Webb's parents give up guardianship as Incompetent Persons Act made invalid - Action News
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Nova Scotia

Landon Webb's parents give up guardianship as Incompetent Persons Act made invalid

Nova Scotia's Incompetent Persons Act has been declared invalid as Webb's parents give up guardianship of their 25-year-old son.

Nova Scotia has a year to draft new legislation

Ruling 'a great relief' says Landon Webb

8 years ago
Duration 1:26
Landon Webb tells the CBC's Amy Smith what his newfound freedom means for him.

Nova Scotia'sIncompetent Persons Act was declared invalidtodayasthe 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 itinfringes on his rights and freedoms. The act allows a parent or guardian to prove that a person has a "mental infirmity" that renders the individualunable 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 withthe Charter of Rights and Freedoms.

Medically competent

Webb was also declared medically competent, though he willrequire some monitoring.

"Let's not get into an argument of how he gets free,"Justice Jamie Campbell told thecourt.

Campbell said not to"bother with the lawyer stuff,"and to just tell Webb that he is free.

Landon Webb and his lawyer Susanne Litke celebrate outside the court today. (Robert Short/CBC)

Webb was in the Halifax court toarguethe actlimitedhis rights as a person with intellectual disabilities. His parents, Brenda andDarrell 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'dgoto 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 adetailing 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'slawyer argued he was held against his will andsubjected to random searches,and could be arrested at any time, soshould 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.

Brenda Webb and her husband, Darrell, had said their son Landon can't take care of himself. (Andrew Vaughan/CP)

The judge also discussedthe possibility of Webb's story opening the floodgatesto 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 wantedto 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