Good morning, Madam Chair and honourable members of the committee, and good afternoon to those of you in Nova Scotia.
My name is Jessica Lyle, and I'm the chair of the Canadian Bar Association, elder law section. With me today is Jody Berkes, chair of the Canadian Bar Association, criminal justice section. Thank you for inviting the Canadian Bar Association to participate in your committee's study of elder abuse.
I join you today from the traditional territory of the Mi'kmaq people. This territory is covered by the treaties of peace and friendship, which Mi'kmaq and Wolastoqiyik (Maliseet) people first signed with the British Crown in 1725.
The CBA is a national association of more than 36,000 lawyers, notaries, law teachers and academics. An important aspect of our mandate is to seek improvements in the law and the administration of justice. That is what brings us here today.
We would like to commend the federal government's support for older Canadians in the 2021 federal budget. The support comes on the heels of the CBA's recent calls for improvement of long-term care, including the creation of a pan-Canadian elder abuse strategy.
We are not here to recommend any changes to the Criminal Code. Parliament nonetheless has a vital role to play in combatting elder abuse. We recommend the pan-Canadian elder abuse strategy, starting with the following five points:
First, legislate universal minimum standards for long-term care facilities. Clear minimum standards would ensure these most vulnerable members in our society receive the care they need. Additionally, where a facility failed to meet the standards, they would serve as clear evidence for prosecutions.
Second, law enforcement must recognize elder abuse as a criminal offence, not a private matter between families or individuals.
Third, provide specialized and appropriate training to police and Crown counsel for prosecuting elder abuse. A dedicated case management system, including the use of testimonial accommodations, should also be considered.
Fourth, hold corporations that fail to prevent elder abuse in their facilities accountable. Sections 22.1 and 22.2 of the Criminal Code provide that, in addition to the individuals charged, the corporations employing these individuals may be held accountable for the same offences.
Fifth, increase resources for education and community support. For example, legal aid resources and specialized clinics are extremely limited in Canada, with only two permanent clinics: one in Vancouver and one in Toronto.
I will now ask Jody Berkes to address additional issues.