OTTAWA – Justice Minister Rob Nicholson took aim at people abusing Canadian seniors Thursday, introducing legislation that would mean tougher sentences for those convicted of the crime.
The bill makes age-related abuse an aggravating factor in sentencing, so those convicted would face harsher penalties. Other forms of abuse of vulnerable persons are already covered by similar measures.
“Our government has a responsibility to protect elderly Canadians and to ensure that crimes against them are punished appropriately,” said Nicholson in a statement. “This legislation will help ensure tough sentences for those who take advantage of vulnerable members of our society.”
Seniors’ advocates have long called for government action on elder abuse, but some worry the bill might have unintended consequences due to the nature of the crime.
“I appreciate the passion the government has placed in this area generally, but this particular provision is completely unnecessary and will end up doing more harm,” said Charmaine Spencer, a lawyer specializing in abuse and neglect and the former chair of Canadian Network for Elder Abuse Prevention.
Statistics Canada data shows that one-third of reported violence committed against older adults is done by family members like spouses or grown children. The federal agency also notes the true extent of elder abuse is unknown because not all is reported.
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“Sometimes they don’t let somebody else know because they don’t want their family member to go to jail,” said Spencer. “If you increase the sentences, what the effect is going to be is to reinforce that.”
Spencer said the federal government should instead invest in resources to help seniors get out of these situations or endorse alternative sentences, so people will be more likely to come forward.
“We don’t need an anvil here,” she said.
Judith Wahl, an attorney at the Advocacy Centre for the Elderly, agreed the law could deter seniors from coming forward.
“The person is going to say, ‘I don’t want my loved one going away for X amount of years,” she said.
Another common complication is that the senior may be dependent on their abuser for care and would be left without support if they reported them.
“What we are seeing is that people become dependent on others, or they can be taken advantage of because they have needs that need to be taken care of others,” she said.
Other advocates are more optimistic about the bill’s potential effects.
CARP, one of Canada’s largest seniors’ organizations, welcomed the bill and called on the provinces to increase resources for detection, investigation, prosecution and victim services.
Teri Kay of the Ontario Network for the Prevention of Elder Abuse said the new legislation is important and could actually increase the number of people, although not necessarily abused elders, reporting the crimes.
“People who have a responsibility to seniors, be they professionals, friends or neighbours, they may take stronger action than not reporting it at all,” said Kay.
All advocates agree a focus on prevention should come along with changes to prosecution.
“We need interventions and safety measures that help seniors bring these stories to light, so resolutions can be found before they reach the level of charges and criminality,” said Kay.
Wahl said the federal government should ditch their plan to change the Old Age Security benefits, which help seniors stay independent. She also advocated a national plan on home care.
“(Home care) means they are talking to other people. There are other people coming into their home,” she said. “I’m surprised at the number of people that have gotten home care or gotten other social support and have told me the abusers have backed off because they are afraid of being detected.”
The federal government has invested in elder abuse awareness campaigns and grants to help community organizations launch local initiatives.
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