Thank you very much, Mr. Chair, committee members and fellow panellists.

Thank you for today's opportunity to address the proposed amendments to the Criminal Code through Bill C-295.

My name is Marta Hajek, and I serve as the CEO of Elder Abuse Prevention Ontario. Our provincial organization is dedicated to the prevention of elder abuse. We raise public awareness through educational forums in communities, and we deliver training across all sectors that want to recognize and prevent instances of abuse and neglect.

While we are not legal experts, three decades of experience has made us experts on systemic challenges, those that hinder appropriate and coordinated responses to the silent pandemic. We work to fill the gaps in which too many older adults fall undetected and without support.

Taking action to allow for the prosecution of those with governance and executive authority over practices that lead to predatory or abusive behaviour towards vulnerable persons is good. Being held accountable would encourage owners and executives to better consider the consequences of their investment and operational choices for their clients and society. It would be welcomed.

However, the proposed amendments in Bill C-295 alone will not address those factors that lead to abuse: profit over care, which fosters chronic understaffing; and age discrimination.

Our primary concern remains. We urgently need a national elder abuse prevention strategy, a whole-of-government approach with emphasis on prevention when crafting policy and legislation as well as early detection through collective and sustained efforts.

Elder abuse prevention in Canada is fragmented. Those affected do not have equitable access to the necessary supports. Elder abuse is not a homogeneous issue. Instead it is a complex one. We should all be deeply concerned about its exponential growth.

While the intent to amend the Criminal Code is laudable and may succeed in punishing some who wilfully commit neglectful acts in long-term care settings, it will not significantly reduce instances of abuse. Wider structural reforms to the administration of justice across all jurisdictions are necessary to ensure consistent reporting and convictions. Focusing exclusively on long-term care and using age-neutral language such as “vulnerable” without additional qualifiers is akin to putting even more blinders on our system of prevention and intervention.

While 7% of older people reside in long-term care settings, 93% live at home or in the community. While the devastating Canadian Armed Forces report identified the pervasive nature of neglect and abuse in long-term care settings, instances of reported cases of elder abuse in the community rose 250%. Many more cannot or did not report abuse for fear of humiliation, reprisal, consequences to the abuser or confusion on where to even turn for help.

Elder abuse is a violation of human rights. It carries with it significant negative impacts on our public health and safety systems. Applying an ageism lens to policy considerations for the protection of vulnerable older persons prevents myopic approaches that leave many in our collective blind spots.

Most recently, Elder Abuse Prevention Ontario, as a member of the Canadian Coalition Against Ageism, joined a delegation of Canadians from civil society and government to participate in the 13th open-ended working group on aging at the United Nations. Together, our diverse voices called for the declaration of the UN convention on the rights of older persons. This binding instrument would promote and preserve the dignity, safety and security of all older persons. Canada and the world must do better, because if not now, then when?

At the same time, some Canadian jurisdictions are waiving liability for service providers who fail to provide the necessities of life or provided substandard care during the pandemic. The government, under the Charter of Rights and Freedoms, has an obligation to uphold the rights of older Canadians. This waiving is a step away from that accountability.

Inconsistencies and the lack of a comprehensive national strategy create confusion and do little to prevent neglectful practices from continuing behind closed doors. We cannot any longer allow this to remain unchecked.

Let's be clear. Let's name the issue and define it to inform better data-collection practices and support real, targeted and systemic actions. Let's work together to make sure provincial and federal laws are aligned and federal law enforcement, Crown counsels and the judiciary are better able to recognize and have those instruments to respond to elder abuse and neglect. Let's work across all jurisdictions to enforce standards to ensure that all Canadians have access to places where they can age safely and with dignity.

Finally, let's continue to work together to educate our communities and those who enforce our laws and administer justice, and to provide the supports that people need to advocate for themselves or on behalf of someone else who is unable to do so for themselves.

This is our submission. Thank you for the opportunity to speak today.

Transcript

Discussions (0)