Good morning.
We are pleased to be here today to discuss the criminal law’s responses to senior abuse and neglect and related efforts by the Department of Justice.
Senior abuse and neglect is an issue of concern not only for the criminal justice system but also for other sectors including the health sector. It is also an issue for the federal and provincial and territorial governments.
As the committee knows, responsibility for Canada's criminal justice system is shared. The federal government is responsible for the criminal law and procedure and the provinces and territories are principally responsible for the administration of justice, including policing, prosecution and the provision of services and assistance to victims of crime.
The delivery of health services and long-term care are also matters under provincial and territorial jurisdiction. Each of the provinces and territories has a unique approach to addressing senior abuse such as through laws that address the abuse of vulnerable adults. At the federal level, the Criminal Code protects seniors against abuse and neglect through numerous offences of general application. It contains a comprehensive set of offences prohibiting various forms of assault, including threats of harm and sexual assault, as well as negligence-based offences that prohibit failing to provide necessary care to seniors, or providing necessary care but in a significantly deficient manner.
The Criminal Code also contains a comprehensive set of financial crimes that capture financially motivated crimes specifically targeting seniors. These crimes include theft and fraud, which have very broad application and include specific forms of wrongdoing, like theft by a person holding a power of attorney. There are also crimes involving a combination of violence or threats and property taking, such as extortion and robbery.
The Criminal Code further contains sentencing measures that may be applicable where a senior is criminally victimized. For instance, under section 718.2, the following are deemed to be aggravating for sentencing purposes: where the offence was motivated by bias, prejudice, or hate based on age, among other factors; where the offender abused a position of trust or authority in relation to the victim; and where the offence had a significant impact on the victim, considering their age and other personal circumstances, including their health and financial situation.
With respect to certain fraud-related offences, the Criminal Code also lists additional offence-specific aggravating factors, including where the fraud involved a large number of victims and had a significant impact on the victim given their personal circumstances, which includes their age, health and financial situation. These aggravating factors would apply, for instance, in the context of a large-scale financial fraud that targets seniors.
Recently enacted section 718.04 of the Criminal Code also directs the courts to give primary consideration to the objectives of denunciation and deterrence for any offence involving the abuse of a person who is vulnerable because of personal circumstances. This includes vulnerability due to age.
Courts consistently treat senior abuse as an aggravating factor in cases involving criminal negligence, assault and fraud. Justice Canada is also addressing senior abuse through program and policy related initiatives. The victims fund, for example, is available to provincial and territorial governments and non-governmental organizations to support projects that address the needs of victims, including senior victims, and recently made the amount of $1 million available for the development or updating of public legal education and information materials to support victims of senior abuse and neglect.
Our research and statistics division is also working with Statistics Canada and others, and is leading a study to explore the feasibility and the challenges of addressing national data gaps in senior abuse, including in reporting senior abuse in long-term care. We expect that report to be available in 2022.
I appreciate the opportunity to inform the committee about ongoing activities within the Department of Justice on the issue of senior abuse and neglect.
Thank you.