An Act to amend the Criminal Code (neglect of vulnerable adults)

Sponsor

Hedy Fry  Liberal

Introduced as a private member’s bill. (These don’t often become law.)

Status

Second reading (Senate), as of Dec. 7, 2023

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-295.

Summary

This is from the published bill.

This enactment amends the Criminal Code to create an offence for long-term care facilities, their owners and their officers to fail to ensure necessaries of life are provided to residents of the facilities.
The enactment also allows the court to make an order prohibiting the owners and the officers of such facilities from being, through employment or volunteering, in charge of or in a position of trust or authority towards vulnerable adults and to consider as an aggravating factor for the purpose of sentencing the fact that an organization failed to perform the legal duty that it owed to a vulnerable adult.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Dec. 6, 2023 Passed 3rd reading and adoption of Bill C-295, An Act to amend the Criminal Code (neglect of vulnerable adults)
March 8, 2023 Passed 2nd reading of Bill C-295, An Act to amend the Criminal Code (neglect of vulnerable adults)

Criminal CodePrivate Members' Business

December 4th, 2023 / noon


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Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Mr. Speaker, it is an honour to rise today. I very enjoyed my talks with the member for Vancouver Centre. We have had a number of great conversations about various issues, including seniors issues. I have found her to be an outspoken supporter and critic when it comes to seniors issues. It is an absolute privilege to be standing here on legislation she has no doubt proudly brought forward.

This is an act that would amend the Criminal Code to create an offence for long-term care facilities, their owners or their managers who fail to provide necessities of life to residents of the facilities.

I believe it was Rawls who said that if we could go back to what he called the “original position”, meaning if we knew we were entering society but did not know how we were going to enter society, it would make sense that, if we knew one of the outcomes was to be in one of the more difficult positions in our society, we would want to do everything we could for such individuals.

For example, one could be sitting outside the world, and one could come into this world not knowing where one was going to come in, whether one was going to come in as Bill Gates, a billionaire, or whether one was going to come in as someone at the other end of the economic spectrum. If coming in as Bill Gates, one would probably be fine. One's concern would probably be if one came into a more challenging place in our society. For example, on the challenges an individual who faces a disability may have, one would want to make sure society was innately fair to persons with disabilities.

I believe this is a little analogous here. If in fact we knew we might have the lottery and might end up as an individual without any sort of control over our life whatsoever, with perhaps reduced faculties going forward, we would want to make sure this society, this country, was fair to those individuals. Unfortunately, that is not always the case today.

I, of course, as everyone else in here, will be in that situation hopefully at some point in my life. That is a little different than the original position, in that most of us will be in the position where we will be coming toward the winter of life, and perhaps facing reduced faculties and having our complete life, from food to recreation or even just to seeing daylight, completely at the control of someone else. What a difficult position to be in.

I revel in the wisdom of folks who are a couple of years my senior, and so I have often had conversations with individuals. It can be a very challenging time for individuals who have had very high-functioning lives or have been in charge of the destiny of many others in life. These are people who have been surgeons and doctors, or people who have had other lives under their control and who had control over everything in their life and have been successful in life. They find themselves now in a state where they are completely reliant on others. What a sacrosanct responsibility for those individuals who are now in charge of these individuals who have given so much to society and who have built the greatest country in the world.

We have such an incredible responsibility to make sure those people who built our country are taken care of. Unfortunately, we heard through the pandemic and before the pandemic that oftentimes people just did not get fair treatment in their life. That is why this legislation is a step in the right direction. We, as a society, have to make sure those individuals who have given their entire lives to building this country, building the best country in the world, are protected. If others are in fact letting them down, there must be consequences for not providing these people the care when they need it most. Individuals in some cases are completely and utterly reliant on those individuals, so if there is neglect or, worse, willful neglect or even purposeful harm, these individuals must be held accountable.

That is why I will be proudly voting for Bill C-295. I thank the sponsors of this bill for bringing it forward.

Criminal CodePrivate Members' Business

December 4th, 2023 / 12:05 p.m.


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The Deputy Speaker Chris d'Entremont

It being 12:07, the time provided for debate has expired. Accordingly, the question is on the motion.

If a member participating in person wishes that the motion be carried or carried on division, or if a member of a recognized party participating in person wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.

Criminal CodePrivate Members' Business

December 4th, 2023 / 12:05 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, we request a recorded vote.

Criminal CodePrivate Members' Business

December 4th, 2023 / 12:05 p.m.


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The Deputy Speaker Chris d'Entremont

Pursuant to Standing Order 98, the division stands deferred until Wednesday, December 6, at the expiry of the time provided for Oral Questions.

The hon. House leader for the opposition is rising on a question of privilege.

The House resumed from December 4 consideration of the motion that Bill C‑295, An Act to amend the Criminal Code, be read the third time and passed.

Criminal CodePrivate Members' Business

December 6th, 2023 / 4:20 p.m.


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The Assistant Deputy Speaker Carol Hughes

The House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C‑295 under Private Members' Business.

(The House divided on the motion, which was agreed to on the following division:)

Vote #479

Criminal CodePrivate Members' Business

December 6th, 2023 / 4:30 p.m.


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The Assistant Deputy Speaker Carol Hughes

I declare the motion carried.

(Bill read the third time and passed)