Madam Speaker, I am honoured to represent Scarborough—Agincourt and delighted to speak today about the progress of Bill C-295, an act to amend the Criminal Code regarding neglect of vulnerable adults.
Bill C-295, introduced by my colleague, the member of Parliament for Vancouver Centre, seeks to criminalize owners and officers of long-term care facilities who neglect the residents in their care. We all remember the circumstances that led to the introduction of this bill, and it is hard to forget the headlines in recent years about the chaotic situations within the walls of long-term care homes. Available information shows that charges are rarely brought for negligence in caring for vulnerable people, and none were brought in connection with the recent cases of abuse denounced by the media at the height of the COVID–19 pandemic.
The Criminal Code currently addresses elder abuse through offences of general application. This means there is no specific protection, so neglect or abuse must be prosecuted under existing laws, such as laws regarding all forms of violence, abuse, fraud, and failure to provide the necessaries of life to a dependant who is unable to withdraw from a person's charge due to age or other circumstances. It is also possible for a person to be held criminally liable for aiding, abetting or conspiring with a third party to injure or harm the physical and psychological integrity of a vulnerable adult. These general offences do not necessarily target the right people.
The bill, as drafted, would target those in senior management positions and clarify consequences for their operational decisions. I will speak today about a few statistics that justify our support for the amendments proposed by the justice and human rights committee, and about some of the measures taken by our government to support the efforts of the provinces and territories in their fight against elder abuse.
According to the Royal Society of Canada's June 2020 report “Restoring Trust: COVID-19 and The Future of Long-Term Care”, home support workers provide up to 90% of direct resident care. It is not surprising to see a higher percentage of home support workers compared to nurses or other professionals working in long-term care facilities.
Another study, released in 2020 by Statistics Canada, entitled “The contribution of immigrants and population groups designated as visible minorities to nurse aide, orderly and patient service associate occupations”, informs us that Black and Filipino women are significantly overrepresented in this sector.
Thanks to the amendment adopted by the committee, this bill targets owners and officers of long-term care facilities, not frontline workers. In the legislation, “officer” will be defined as “the chairperson of the board of directors, the president, a vice-president, the secretary, the treasurer, the comptroller, the general counsel, the general manager or a managing director of a long-term care facility, any other person who performs functions for a long-term care facility similar to those normally performed by a person occupying any of those offices, or any other person designated as an officer of a long-term care facility.”
Frontline workers devote themselves to the task of care, often in difficult working conditions. With the amendments that have been adopted, committee members carefully took into account the very real difficulty in attracting and retaining workers in the care sector. This bill targets the correct decision-makers. This was the issue most often raised by groups representing long-term care facilities across the country, and it was recently raised in the ombudsman's report in Ontario entitled “Lessons for the Long Term”, published at the beginning of this month.
The data speak for themselves. Our population is aging, and these percentages will undoubtedly rise over the years.
The segment of the population most at risk of institutional abuse is made up of women aged 85 and over. In Canada, more than one-third of these women live in institutions, as they tend to outlive their male partners and may not have the health or support to age at home.
Forms of institutional abuse include physical abuse, neglect, emotional and verbal abuse, financial abuse and sexual abuse. Individuals in institutions may also experience systemic abuse, which is defined as systemic practices that result in neglect, substandard care, overcrowding and violation of dignity.
Some research suggests that up to 1% of Canadian seniors are victims of violent crime or physical abuse, and approximately 45% of seniors report having experienced some form of abuse by age 65. In addition, recent provincial and territorial reports, as well as reports from organizations serving seniors, have revealed significant systemic problems within long-term care facilities.
There are other adults who are also in long-term care facilities. Indeed, people with a disability or permanent incapacity often end up in these facilities because it is the only institution capable of providing them with the necessary care.
In my riding of Scarborough—Agincourt, we have three long-term care homes, one transitional care home and many senior housing facilities. In fact, 27% of the riding population of Scarborough—Agincourt is made up of seniors. It is so important that we provide competent care for all seniors across Canada.
Some seniors will have exhausted their own financial resources. Others will be placed by relatives, who are themselves aging or unable to provide the necessary care. To the same extent as seniors, these adults are vulnerable to neglect by those who have an obligation to care for them.
With a rapidly growing aging population in Canada, it is expected that companies specializing in this field will also experience some form of expansion. Currently, there are 2,039 long-term care homes in Canada; of these, 46% are public and 54% are private. The percentage of facilities varies considerably from province to province. For example, 86% of long-term care facilities in Quebec are public, compared with only 16% in Ontario.
This government is working on a number of measures to enhance protection for seniors, including a federal policy definition of senior abuse to better guide our policies, working in partnership with stakeholders and other levels of government to improve data collection, education and programs tailored to helping seniors and elders. It is also putting in place more measures to prevent senior abuse before it happens. Several commitments have been made in this regard, including the Minister of Justice and Attorney General of Canada's mandate letter commitment to work with the Minister of Labour and Seniors to strengthen Canada's approach to elder abuse.
Initiatives have been put in place to address identified gaps in our long-term care facilities. Moreover, $740 million in funding has been invested to support our most vulnerable populations through infection prevention and control measures to protect those in long-term care and those receiving home care and palliative care. Several bilateral agreements have been signed, for example, to increase the number of beds in Nova Scotia or to establish screening protocols in Saskatchewan.
Most recently, the government provided $3 billion over five years to support provinces and territories in their efforts to improve long-term care in their jurisdictions. This is in addition to the $1 billion provided for the creation of the safe long-term care fund. This money will be used to protect people living and working in long-term care, and all provinces and territories have signed a bilateral agreement for this fund.
The work continues to evolve; despite our best efforts, we are not immune to another pandemic. We need to put elements in place to avoid repeating the same mistakes.
I am confident that the members of this House will recognize the importance of moving this legislative reform forward so that it can be quickly considered by the other chamber. The path ahead of us in long-term care facilities is one of collaboration as we continue to work with our provincial and territorial counterparts to improve outcomes for seniors.
We must recognize that for many, illness strikes without warning. We cannot control its speed or its effects, however we can ensure that those in need of long-term care receive the best possible care in well-maintained facilities that afford them the dignity and respect all Canadians deserve.