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Justice committee I agree, entirely, Mr. Fortin, with that comment. Yes, it does. There are many different types of situations of elder abuse, and each deserves a systemic response.
May 6th, 2021Committee meeting
Graham Webb
May 6th, 2021Committee meeting
Graham Webb
Justice committee We don't think it's appropriate to ghettoize older adults. They have the same rights as all other adults. The problem is that they are often infantilized and treated as less than fully capable people.
May 6th, 2021Committee meeting
Graham Webb
Justice committee That's correct. That's consistent with most of our positions.
May 6th, 2021Committee meeting
Graham Webb
Justice committee Mr. Maloney, that's a very broad topic, which falls largely outside the area of federal jurisdiction. I can't provide you with specific recommendations today. I can tell you that in the course of our work, we have provided instruction to Toronto Police officers and the Ontario Po
May 6th, 2021Committee meeting
Graham Webb
Justice committee Oh, I'm sorry.
May 6th, 2021Committee meeting
Graham Webb
Justice committee No. I'm sorry, Monsieur Fortin, but that's not my testimony. I'm speaking specifically to an offence that should be created for neglect and abuse in care facilities. It would apply to persons of all ages. I'm not speaking of a specific elder abuse provision; I'm speaking about an
May 6th, 2021Committee meeting
Graham Webb
Justice committee Ms. Findlay, I think it's important to have a clear definition of elder abuse. I think that helps the process. I'm not sure where it would fit into the Criminal Code, because there is no charging section for elder abuse. It may be important for sentencing purposes. The problem,
May 6th, 2021Committee meeting
Graham Webb
Justice committee If there were a charging section dealing specifically with elder abuse, then, yes, it would be very important to have that definition. I agree with you that we also need resources and policies on enforcement—in other words, investigations and so on. The charging section is simpl
May 6th, 2021Committee meeting
Graham Webb
Justice committee We're seeing more and more instances of abuse. The question is, is it increasing? It is indeed, in all aspects. It's abhorrent. Normally, we refer issues of physical violence to the police. We're not an investigative agency. We're lawyers. The types of claims we typically prosec
May 6th, 2021Committee meeting
Graham Webb
Justice committee Mr. Maloney, a charging section is a section of the code that identifies an offence, such as failure to provide the necessaries of life. When I did criminal defence work, the first thing I would do would be to obtain a copy of the information that laid out the charge. I would ope
May 6th, 2021Committee meeting
Graham Webb
Justice committee No. Mr. Garrison, this week I'm dealing with a caller whose family member was injured in a long-term care home who has asked the police for investigation under section 215 of the Criminal Code, and no investigation has been undertaken. In my 26 years at the Advocacy Centre for
May 6th, 2021Committee meeting
Graham Webb
Justice committee I do, Mr. Garrison, and the criminal law responses must attach responsibility for custodial sentences, as well as fines, which might represent, in some cases, the cost of doing business. On a matter of provincial jurisdiction, in Ontario, the Long-Term Care Homes Act affixes spe
May 6th, 2021Committee meeting
Graham Webb
Justice committee If I can focus my remarks on Canada and Ontario—I've practised law in Ontario for 36 years, 26 years with the Advocacy Centre for the Elderly—there are analogous sections: section 215, failure to provide the necessaries of life, and sections 221 and following, criminal negligence
May 6th, 2021Committee meeting
Graham Webb
Justice committee Thank you, Mr. Cooper. I very much appreciate that. Without strong whistle-blower protection, there will be no existing or proposed judicial proceedings because complaints will not be made and charges will not be laid. Many older adults are afraid to make complaints about inad
May 6th, 2021Committee meeting
Graham Webb