Thank you, Jessica.
The criminal offences listed in our submission already cover activities that fall within the category of elder abuse. Furthermore, some of the offences, for example, theft by a person holding power of attorney in section 331 of the Criminal Code, already address a unique aspect of elder vulnerability. We believe increased resources and training around enforcement are better measures to combat elder abuse, not new offences.
One of the most significant issues in elder abuse is the vulnerability of the complainants in a relationship involving a significant power imbalance. There are several tools already in the Criminal Code to provide for testimonial aids to support vulnerable witnesses, such as the use of support persons in the courtroom, allowing witnesses to testify via closed circuit television, which is found in section 486.2 of the code, and an ability in the Criminal Code to use a videotaped statement as a witness's evidence in chief, provided they adopt it at trial, which is found in section 715.2 of the Criminal Code.
We note that the Advocacy Centre for the Elderly and CanAge have suggested the creation of a new offence to this committee. With respect to that position, this proposed offence is already covered by the existing offence of criminal negligence causing bodily harm or death. Additionally, the vulnerability of complainants in the criminal justice system is addressed through the mechanism of release conditions that prohibit contact between the accused and the complainant. Similarly, any attempt to intimidate or dissuade a complainant from testifying is already punishable under the Criminal Code.
Elder abuse and neglect are often cited as being where domestic violence was 20 years ago, when policy was undeveloped and Crown counsel and the police did not have sufficient understanding, tools or clear direction to address the power and control dynamics within the victim-abuser dyad. As a greater understanding of domestic violence evolved, improvements to its framework were made. We suggest that the same approach be employed in the case of elder abuse.
Thank you again for the opportunity to appear today. We look forward to answering questions you may have.