Thank you, Mr. Chairman.
Ms. Eng, you mentioned in your opening remarks that you urged swift passage of Bill C-36, yet your brief calls for a comprehensive approach to punish the most egregious manifestations of elder abuse as well as preventing the abuse from occurring in the first place. This has been a common theme from all three witnesses: the importance of prevention.
Bill C-36 has but one clause: a proposed change in sentencing whereby a judge could consider the victim's age and other personal circumstances, including their health and financial situation, as aggravating factors. As such, the bill effectively operates to punish those who've already engaged in elder abuse rather than protecting seniors from such abuse to begin with. Indeed, the Criminal Code already empowers judges to consider any relevant aggravating or mitigating circumstances.
Some have argued that Bill C-36 is unnecessary. Moreover, the specific inclusion of personal factors such as health and financial situation may be problematic in that it could cause these elements to be misused at trial. Having urged swift passage of Bill C-36, are you suggesting that it be enacted in its present form, which is effectively after the fact, as an intervention, or, given the importance of prevention, are you also recommending that Bill C-36 be amended so as to address the issue of prevention as well?