Status of Women Committee on Nov. 22nd, 2011

[The Chair, NDP, Irene Mathyssen]

Good afternoon, everybody.

Our first witness is Constable Patricia Fleischmann of the community mobilization unit of the Toronto Police Service.

Welcome, Constable Fleischmann, and thank you very much for being here. You have 10 minutes to present. You're the only person on the panel, so we'll be flexible and understanding. If you would proceed, I know the members of the committee are very interested and anxious to hear what you have to say.

[Constable Patricia Fleischmann, Police Constable, Community Mobilization Unit, Toronto Police Service]

Thank you.

Madam Chair, and members of the committee,

Hello.

I’m Police Constable Patricia Fleischmann and I am the coordinator for the Elder Abuse Unit. I am honoured to be here and to share what I’ve learned about this problem with you.

My presentation relates strictly to my role as vulnerable persons issues coordinator for the Toronto Police. Therefore, mine is a criminal justice perspective. The opinions expressed are also mine alone.

There is no legal mandate to report elder abuse in Ontario by service providers, as there is for child abuse, because the people concerned are generally capable adults with the right to autonomy. Neither is there adult protective legislation per se, though pertinent provincial statutes do exist, and we need to use the existing legislation appropriately. Nor, under federal legislation, does the charge of elder abuse exist. But there are many sections in the Criminal Code that pertain to elder abuse, depending on the actual offence.

Communication barriers that impede the sharing of information between police and service providers, based on privacy and confidentiality laws, should be considered. We must not be guilty of sabotaging the safety and security of at-risk seniors in our communities because of misguided, misunderstood privacy legislation.

The justice system, as you know, is an adversarial one. It is offender-focused versus victim-centred. Reporting something to police or simply being present in the courts is usually an uncomfortable experience for anyone, let alone an older victim of crime, someone who in all likelihood has never come into contact with the justice system. Adding to the distress, an older adult may experience firsthand ageism in dealing with the justice system. Though police today have a much greater understanding of the issues surrounding elder abuse and are more adept at report-taking and appropriately categorizing occurrences of elder abuse, this is not always the case.

If a police report is taken, particularly in jurisdictions where little is known about this issue as a result of low reporting or minimal officer experience with elder abuse, and where elder abuse is overshadowed by other service priorities such as gang violence or drugs, then oftentimes there are problems in the investigative process. Over and above heavy caseloads, pressing investigations, attendance at court, these cases may suffer from a lack of attention. This may also be the result of officers who are neither aware nor familiar with the multifaceted subtleties of the ageing process and of elder abuse. These cases may be ignored, disregarded, minimized, or written off. They may be considered too complex and time consuming.

The older victim may not be considered a good witness. The victim may not be able to testify when the case reaches court, because of memory loss, illness, or death. The complainant is commonly advised it's a civil matter, when clearly it is appropriate for criminal intervention, especially in cases of financial abuse. Though both men and women can be victimized, older women are particularly vulnerable with their general lack of financial literacy.

Some police services have specialized elder abuse units to address these crimes. Others have a partnership with external service providers as part of a joint coordinated effort to more effectively respond to elder abuse. These partnerships are essential. Specialized training courses addressing the complexities of the ageing process and the uniqueness of elder abuse crimes must also become the norm in police agencies.

In policing there are legislative and regulatory requirements directed by the province. The “Policing Standards Manual: LE-021, Elder and Vulnerable Adult Abuse” offers guidelines, but as such, police agencies are not required to follow this. Nonetheless, many services approach this from a risk management perspective and have tailor-made the guidelines to suit the needs of their respective agency. Perhaps a mandated response to elder abuse should be considered, in the same way that one currently exists for domestic violence.

Another consideration may be for the province to expand the meaning of intimate relationship in the definition of domestic violence to include elder abuse, as very high numbers of suspects are persons, such as family members, who are in a position of trust or authority.

The Ministry of the Attorney General has a crown policy manual that includes a variety of practice memoranda that would apply to elder abuse prosecutions. At present, most are dealt with on a case-by-case basis by prosecutors who rely on this. Perhaps one day, we shall have specialized elder abuse courts with designated prosecutors, as they currently have in the U.S.

With a successful prosecution, no matter the offence, the elderly victim is seen by the courts as a vulnerable person. This allows for section 718.2 of the Criminal Code to be utilized. The section allows for a sentence to be increased or reduced due to relevant aggravating factors that relate to the offender or the offence. The specific circumstances include the victim's age, mental or physical disability, as well as the offender's status as someone in a position of authority or trust in relation to the victim. The section, however, only states that a sentence “should” be reflective of any relevant aggravating or mitigating circumstances relating to the offence. Perhaps this section needs to be strengthened and the wording changed from “should” to “shall.”

In a 2003, the Ontario Association of Chiefs of Police announced a resolution on vulnerable adult abuse. In some services, this is recognized as an important and emerging issue, while in others it is not. Since then, nothing further has developed. Unfortunately, there is no formal seniors committee or working group in existence within the OACP. Bringing this increasingly significant issue to the forefront of the OACP agenda and promoting education among its members perhaps will be an achievable objective with the continued encouragement and resources of Law Enforcement Agencies Protecting Seniors, a GTA group.

Education that provides an awareness and understanding of the relevant issues will always be critical. This includes social marketing campaigns. Social marketing strives to stimulate the viewer one at a time, thus evoking changing thoughts, attitudes, and behaviour. I have with me some examples from a 2006 project between the Toronto Police Service and Seneca College.

Education, of course, must also include youth-focused programs, for it is the children and youth of today who will truly change the face of elder abuse by challenging the beliefs that this is acceptable behaviour. A case in point is the 2011 Toronto Police youth in policing initiative program. Our YIPI students produced a one minute and thirty second video on elder abuse that will be uploaded shortly to the Toronto Police YouTube site. I do have a copy for you. We hope that this video will not only generate discussion through the tag line, "Look around. Speak up", but also challenge the community to bring this issue into social consciousness with a commitment to end elder abuse.

From 2005 to 2010, the statistics reporting elder abuse in Toronto have been a mere fraction of those reporting child abuse or domestic violence. Elder abuse statistics for this period fall below 200 reports per year, whereas child abuse reports number in the low thousands, and domestic incidents along with domestic violence statistics range in the tens of thousands. Clearly, there is a vast discrepancy in reporting crimes against older persons, which cannot continue to be ignored.

The victimization rate per 1,000 population in Toronto has generally decreased with increasing age. However, an increase in the number of baby boomers becoming seniors may well result in more demands on the criminal justice system. This is because they will be more willing to report crime than previous generations. The oldest baby boomer today is 65 years old. They are vastly different from the seniors of yesteryear. While older adults may be relatively unlikely to be victimized by crime compared to other age groups, they feel more vulnerable and perhaps less able to deal with the consequences of these crimes. This is another reason, perhaps, for the expected increased calls for service. Officers may spend more time on these calls due to the shifting nature of these complaints. Our response must also be more reflective of the increased complexity of these crimes. Aging victims, older criminals, changing crimes, all of these will most definitely impact on the police response.

Unfortunately, I cannot provide you with statistics specifically related to older female victims of crime. This information was not available. However, I can tell you that each day I speak to victims, family members, neighbours, service providers, and police officers. My conversations revolve predominantly around older women and their victimization.

Law enforcement plays an extremely vital role in the effort to reduce, if not eliminate, elder abuse, but it is not solely the responsibility of the criminal justice system, nor should it be. Neither does the obligation to combat this problem lie solely with service providers, the general community, government, or even victims themselves. For example, family justice centres that address the abuse of persons of all ages within a coordinated, multidisciplinary and, generally, co-located model are ideal.

The concept of a shared services model has become a movement and no longer just a service. This is evident from the increase in the number of centres established around the year and around the world. It is now recognized that coordinated joint efforts by all systems can produce greater results. The use of shared services helps prevent revictimization by providing the victim with wraparound services. This allows the victim access to those services specific to her needs. If the needs of the victim are met through coordinated services, it keeps them engaged in the process, empowers them, and provides the needed support to prevent further revictimization. Sustainable funding is core to this premise.

This model is available in some but not all communities. By and large, older adults are not getting the supports they need from the criminal justice system, but there are exceptions. Judith Wahl, executive director of the Advocacy Centre for the Elderly asks, how do criminal justice practitioners empower older adults through the tools of awareness, prevention, and support while balancing the critical mandates of intervention and prosecution? Most decidedly, the answer is guaranteed to be as complex as the question. Nonetheless, in the final analysis, it is incumbent upon justice practitioners to ensure that when elder abuse is brought to their attention, it be given every consideration, from report-taking to investigation, and lasting through prosecution and sentencing.

Some might argue these considerations are few and insufficient--

[The Chair, NDP, Irene Mathyssen]

I wonder if you could wrap up.

[Cst Patricia Fleischmann]

--while others might suggest justice practitioners go above and beyond and provide even greater accommodation in offering assistance.

Indisputably, the criminal justice system will be tested in its recognition of and response to elder abuse, given changing demographics, government principles, insufficient resources, lack of ongoing funding, and in light of changing police organizational priorities.

Your efforts in undertaking a study on this considerable topic of older women abuse is to be commended. With rapidly shifting population demographics, particularly concerning older women, the subject of older women abuse must continue to be highlighted and remain in the public's focus.

Merci. Thank you.

[The Chair, NDP, Irene Mathyssen]

Thank you very much and thank you to the committee for your indulgence. I appreciate that.

We'll begin our first seven-minute round of questioning with the government party.

Mrs. Truppe.

[Susan Truppe, Conservative, London North Centre, ON]

Thank you, Madam Chair, and thank you, Ms. Fleischmann. We appreciate your being here as we listen to many witnesses to help us share the goal that we have to end elder abuse against women.

Any form of abuse is unacceptable and should not be tolerated. Too often, elderly women are victims of crime, including fraud, neglect, and violence, which robs them of their dignity and peace at a time when they deserve to enjoy special care and respect.

What types of sentences have you seen for various abuses, whether these have been physical or financial? Do you feel that the sentences are tough enough for the abusers to combat elder abuse. What are your thoughts on that?

[Cst Patricia Fleischmann]

Unfortunately, what I have seen and read is that elder abuse sentences, when there are registered convictions, tend to be on the lighter side. Also, I have often seen these charges reduced, or perhaps a plea bargain is arranged and no conviction is registered. It is troubling to see this when it happens, because I certainly have to wonder how seriously this is being taken. That is a concern of mine time and time again.

[Susan Truppe, Conservative, London North Centre, ON]

Do you think tougher sentences would help in dealing with the abuse of elderly women by preventing abusers from continuing their abuse if they were subject to heavier sentences?

[Cst Patricia Fleischmann]

I'm going to respond to that in a somewhat different way. Unfortunately, elder abuse as a crime is considerably under-reported. When it is under-reported, it is underinvestigated, and it follows that it will be underprosecuted. When reports are taken seriously at all times; and appropriate, professional, thorough investigations take place; and good cases are taken to the crown; and successful prosecutions are made, then we will perhaps see sentencing that is more reflective of the crimes themselves.

[Susan Truppe, Conservative, London North Centre, ON]

Thank you.

From all the different witnesses we've heard, as well as the various types of abuse of the elderly, in many ways financial abuse is coming to the forefront.

Apart from funding of the new horizons for seniors program; the ad campaign that's going to come out again; our Speech from the Throne; the pledge for stiffer penalties in Bill C-12, an act to amend PIPEDA, which would allow our financial institutions to be better able to identify and protect seniors from abuse, do you have anything to offer to the committee in terms of the ways that government and the public could better fight financial abuse?

[Cst Patricia Fleischmann]

There certainly are projects specific to financial abuse, one in particular through the National Initiative for the Care of the Elderly, which you may have heard of already. I am working on that project in Toronto, assisting and delivering the criminal justice portion of that particular program. I can tell you that women are very responsive to it.

So an increase in these types of programs, which go directly to those who perhaps are most vulnerable to being victimized by these particular types of crimes, would be most appropriate.

[Susan Truppe, Conservative, London North Centre, ON]

Could you elaborate on national initiative for the elderly?

[Cst Patricia Fleischmann]

The National Initiative for the Care of the Elderly, an organization whose acronym is NICE, is involved with many intervention tools for community service providers, including the police. The financial literacy part of that is currently available right now in Toronto as well as Vancouver. Those are the only two cities across the country that I am aware of.

It's a two-day program. Service providers make presentations to the groups, and in Toronto I deliver a one-hour presentation to older women for this portion of the program.

[Susan Truppe, Conservative, London North Centre, ON]

Good, thank you.

I think you said that the statistics for elder abuse were lower. is that correct? The numbers could be getting higher as the baby boomers are growing older.

Is that right?

[Cst Patricia Fleischmann]

In relation to Toronto Police, that's all I can refer to. The numbers are very low. From my conversations with colleagues across the country and indeed around the world, this is something that is not particularly common. But I believe we will see more of it.

[Susan Truppe, Conservative, London North Centre, ON]

There will be more abuse, right. I agree with your study. There are a lot more people getting older and there will be more elderly out there in a few years.

Do you think there's more awareness of elderly abuse? Before, we never really heard of any abuse going on with the elderly.

[Cst Patricia Fleischmann]

I think there is increasing awareness.

[Susan Truppe, Conservative, London North Centre, ON]

Okay, thank you.

Am I good for one more?

[The Chair, NDP, Irene Mathyssen]

Yes, one more question.

[Susan Truppe, Conservative, London North Centre, ON]

I'm sharing the last one with Tilly.

[Tilly O'Neill-Gordon, Conservative, Miramichi, NB]

Thank you. We are happy to have you with us this afternoon, Ms. Fleischmann. I want to congratulate you on a great presentation.

I'm wondering if you could explain how can we get cases to be taken more seriously. You mentioned that they're not taking this as seriously as they should be. Is there something we can do to make people realize that these cases are really important and should be taken more seriously?

[Cst Patricia Fleischmann]

It's often said that with elder abuse, we are where we were with domestic violence back in the 1960s and 1970s. So perhaps it is a matter of time before we will get to the point where elder abuse is taken as seriously as domestic violence, child abuse, and sexual assault.

When we talk about the abuse and neglect of older adults, I believe it is partly due to ageism. My belief is that ageism is the reason these types of cases are not treated as seriously as others.

[The Chair, NDP, Irene Mathyssen]

Thank you.

Now to Ms. Freeman.

[Mylène Freeman, NDP, Argenteuil—Papineau—Mirabel, QC]

Thank you, Madam Chair. I'll be splitting my time with my colleagues on this side.

Thank you, Ms. Fleischmann.

We've heard testimony that in cases of senior abuse, people in the criminal justice system often speak to the people who surround seniors but not to the seniors themselves. Maybe this is the ageism that you're speaking of. What strategies can be employed to ensure that testimony and evidence from seniors themselves is protected through the judicial process?

[Cst Patricia Fleischmann]

I think it's something that happens in all areas. We are talking about an understanding, an awareness, of the issues. We are talking about ongoing education and training. This is something that needs to be repeated as more information becomes available. As we learn new things, as we hear about new crimes, as we talk, communicate, and share, this is something that we need to take seriously. After all, we are talking about our parents. We are talking about our grandparents. We are talking about extended family members. We are talking about neighbours. We are talking about friends. One day, as we are all aging, we will be talking about ourselves.