Madam Speaker, it is an honour, as always, to rise and contribute to the debate on Private Members' Business. Tonight we are debating Bill C-295, moved by the member for Vancouver Centre, whose bill proposes an amendment to the Criminal Code to create a new offence for long-term care facilities, their owners and their managers who fail to provide the necessaries of life to the residents of their facilities.
The bill would also create a process by which courts could make prohibition orders against the owners and managers of such facilities, prevent them from being in charge of or in a position of authority over vulnerable adults, and to consider as an aggravating factor, for the purpose of sentencing, the fact that an organization failed to perform the legal duty it owed to a vulnerable adult.
Her concern for vulnerable adults is most certainly a credit to the member, and I share this concern for many reasons. Many of my constituents have shared with me, as a member of Parliament, personal stories about fraud, abuse and neglect of elderly or vulnerable family members. I share this concern because, like most Canadians, I have, and had, vulnerable adults in my family.
My own grandfather was defrauded by his caregiver in the final months of his life. I have spoken about it in this place before with respect to other bills designed to enhance protection for vulnerable adults, but I am going to do so again. My grandfather spent the final months of his life worrying about money and a possible financial burden on his companion because a caregiver defrauded him. This crime did not take place in an institutional setting. The perpetrator of the crime provided care to him in his home, preparing light meals and doing housekeeping. This was the level of care he needed to stay in his home with his companion comfortably, yet he was defrauded.
The local RCMP detachment had a poster in the police station imploring people to report fraud and to be aware of elder abuse, yet despite obvious and overwhelming evidence, it took months for charges to be laid. The police kept saying they were too busy to get around to arresting the suspect. This resulted in my grandfather's passing away before they eventually arrested and charged the caregiver who preyed upon an elderly couple in their own neighbourhood.
I mention this episode again in the House to be clear that I know first-hand how vulnerable adults can be prone to abuse, fraud and neglect. I also know first-hand how poorly the justice system reacts to such cases of abuse and fraud, so I can only image how slowly and reluctantly authorities react to cases of neglect. There is no doubt much more needs to be done to protect vulnerable adults. My family experience is enough to convince me of that even if I did not also have the weight of so many similar stories from the people I represent in Calgary.
I am also very concerned about the rise of incidents of violence against seniors. We know that under the current government's watch, crime has gone up significantly in every category, but according to Statistics Canada, the rate of violence against seniors has gone up faster than the increase in violence against all other age groups.
I too was appalled by the collapse of care in some seniors homes during the early weeks of the pandemic and that the military was called in to restore the most basic care and ensure that the necessities of life were delivered to helplessly vulnerable seniors.
However, this bill is not about establishing who cares the most about seniors. It is not about how to fix shortcomings in the seniors care system. It is not about how seniors care is funded or how it is delivered. It is not about regulating standards of care in long-term facilities. This bill proposes a Criminal Code amendment. This bill would amend the Criminal Code to create a new offence and give addition order-making power to courts. It was supported by parliamentarians at second reading and was referred to the Standing Committee on Justice and Human Rights. During the hearings, 15 provincial long-term care associations, organizations and businesses submitted briefs opposing this bill.
Six national organizations also opposed the bill, including the Canadian Medical Association, the Canadian Association for Long Term Care, the Canadian Medical Protective Association, the Canadian Association of Social Workers, the Canadian College of Health Leaders, and CanAge. These associations raised concerns about the unintended consequences of this bill. Some said that if passed, this bill will have a devastating impact on recruitment and retention by creating undue risk and hardship for frontline staff. They raised concerns at committee that this bill would exacerbate what is an already precarious situation with chronic labour shortages in the industry.
It was also remarked that this bill and the debate around it have had a tone of general opposition to privately owned long-term care facilities, in favour of publicly operated ones. To those who assert without evidence, mostly from philosophical conviction, that privately owned and operated long-term care facilities are more prone to instances of neglect than publicly owned ones, they could run for provincial office, which is where such facilities are regulated, and they could get involved in the regulation of health care facilities and the general regulation of commerce. They could also consider whether a new offence and new order-making provisions are the best way to protect vulnerable adults. Perhaps they could propose comprehensive anti-elder abuse legislation, something that the previous justice minister was tasked with in his mandate letter but failed to actually do before he was shuffled. During the 2021 election, the government promised a safe long-term care act, but it has not introduced one.
The Criminal Code really is a blunt instrument, and given the testimony at the justice committee, one really must reconsider whether this bill will help vulnerable adults or whether, through unintended consequences, it will make the highly stressed system of care for vulnerable adults worse rather than better. What good are new offences in the Criminal Code when existing offences are not enforced? Prohibitions against fraud, abuse, and failing to provide the necessities of life already exist in the Criminal Code, but we need better enforcement and prosecution of our laws. What good is a new offence if existing offences are not enforced?
We have seen this before with private members' bills, when a member proposes a change to the Criminal Code in order to draw attention to an issue and force a vote in the House of Commons to signal concern about an issue, but without actually creating a comprehensive solution. This is admittedly part of the limitations of private members' bills. In this case, the member for Vancouver Centre cannot propose changes that commit public money, and she cannot propose provincial regulations in the federal House of Commons. The Criminal Code is one of the things that a member can change but, again, it is a blunt policy instrument. It is a long and complex law already.
I do not like to have to criticize a bill for what it does not do, but if one just focuses on what this bill actually does, we have to consider the evidence that was presented at committee. We have to be concerned about the consequences and consider whether there are already provisions in the Criminal Code that can and should be applied to horrific cases of abuse and neglect when they arise. As I have said, when existing laws to protect the vulnerable are not a priority for law enforcement and for our courts, what is the point of passing new laws?
While I commend the member for trying to deter and punish future cases of neglect through the Criminal Code, I will not support this bill, given the evidence of harm that it will cause to the ability of existing facilities to retain workers and attract investment at a critical time, when facilities are struggling with acute labour shortages and rising costs.