Sure. Thank you for the question.
As was noted, the Criminal Code was amended in 2012 to add that aggravating factor. One of the challenges that were discussed by Parliament at the time was how to define “senior”, and the interest at the time was to ensure that offences that targeted persons in that category would be treated more seriously by the criminal law. As Parliament considered that bill, the way it was actually enacted as it was introduced, it landed on basically that the person's vulnerability can be determined by a number of factors.
Chronological age is an important factor, to be sure, and that's one of the points that are listed in that factor. But it could also be a combination of other things such as their health and their personal, financial, or other circumstances. The aggravating factor as enacted in 2012 said to sentencing courts, “Look at all of those things together. A person who is 60 but who has poor health and is vulnerable for other circumstances could be just as vulnerable as a person who is, let's say, chronologically older, like 85, for other conditions.”
That's how it was enacted, and I can say that when we look at reported case law, the courts absolutely are giving specific attention to these factors. They do look at it as a form of general and specific deterrence, and they do look at the combined personal circumstances of the victim to determine whether or not that person was vulnerable because of those factors, as well as whether there was a relationship of trust or dependency between the victim and the offender.