The Government of Canada announced today the introduction of
legislation which will help ensure that sentencing for crimes
against elderly Canadians reflects the significant impact that
crime has on their lives. The announcement was made by the
Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls,
Minister of Justice and Attorney General of Canada; along with the
Honourable Alice Wong, M.P. for Richmond and Minister of State
(Seniors); and Robert Goguen, M.P. for Moncton-Riverview-Dieppe and
Parliamentary Secretary to the Minister of Justice.
"Our Government has a responsibility to protect elderly
Canadians and to ensure that crimes against them are punished
appropriately," said Minister Nicholson. "This legislation will
help ensure tough sentences for those who take advantage of
vulnerable members of our society."
"This legislation would further support our Government's common
front to combat elder abuse in all forms," said Minister of State
Wong. "Elder abuse will not be tolerated. Our Government is
committed to ensuring that Canadians are made aware of this serious
issue and that they have the necessary information and support to
take action and help prevent abuse."
Under the proposed amendment to the Criminal Code, evidence that
an offence had a significant impact on the victims due to their age
- and other personal circumstances such as health or financial
situation - would be considered an aggravating factor for
sentencing purposes.
The amendment would ensure a consistent application of
sentencing practices that treat the abuse against individuals who
are vulnerable due to their age and other personal circumstances
seriously. The Criminal Code already contains similar measures that
denounce the abuse of vulnerable persons. For instance, it states
that the abuse of a person under the age of eighteen is an
aggravating factor at sentencing.
"The interests of law-abiding citizens should always be placed
ahead of those of criminals," said Parliamentary Secretary Goguen.
"Our Government will continue to honour our 2011 platform pledge to
protect our seniors."
The Government addresses elder abuse in a number of ways,
including its elder abuse awareness campaigns and the New Horizons
for Seniors Program, which includes projects to increase awareness.
In 2011, the Government increased its investment in the New
Horizons for Seniors Program by $5 million per year, bringing the
program's annual budget to $45 million.
More information about elder abuse can be found at
www.seniors.gc.ca.
An online version of the legislation is available at
www.parl.gc.ca.
Internet: www.canada.justice.gc.ca
(Version francaise disponible)
BACKGROUNDER
Elder Abuse Legislation
Elder Abuse
Elder abuse is any action, often committed by someone in a
relationship of trust, that results in harm or distress to an older
person. Commonly recognized types of elder abuse include physical,
psychological and financial abuse, and neglect. Financial abuse is
the most commonly reported type. Often more than one type of abuse
occurs at the same time. Abuse can be a single incident or a
repeated pattern of behaviour. Elder abuse often occurs because of
the abuser's power and control over an older person. In some
situations the abuse may also result from addiction issues (drugs,
alcohol or gambling), mental health problems, a cycle of family
violence or discrimination against older people. In many situations
of elder abuse the abuser is dependent on the older adult for
money, food or shelter.
Abuse can happen when the aggressor wants to intimidate,
isolate, dominate or control another person. Police reported that
nearly 7,900 seniors were victims of violent crime in 2009. Of
those reported crimes, 35 percent were committed by a family
member, 35 percent were committed by a friend or acquaintance, and
29 percent were committed by a stranger. However, it is difficult
to estimate the prevalence and incidence of elder abuse in Canada
due to factors such as under-reporting.
The proposed legislation
The June 3, 2011 Speech from the Throne stated, "Our Government
will continue to protect the most vulnerable in society and work to
prevent crime. It will propose tougher sentences for those who
abuse seniors." It is estimated that by 2036 there will be more
than 10 million Canadians aged 65 or over, representing almost 25
percent of the country's population. Therefore, it is important
that laws are in place to protect elderly people from abuse and
other forms of crime.
Under the proposed amendment to the Criminal Code, evidence that
an offence had a significant impact on the victims due to their age
and other personal circumstances, such as health or financial
situation, would be considered an aggravating factor for sentencing
purposes. The amendments would ensure the consistent application of
the established sentencing practice, that violence against
individuals who are vulnerable due to their age and other personal
circumstances should be treated seriously. The Code already
contains similar measures that denounce the abuse of vulnerable
persons. For instance, it states that the abuse of a person under
the age of eighteen is an aggravating factor at sentencing.
Government Action on Elder Abuse
In 2008, the Government of Canada launched the Federal Elder
Abuse Initiative (FEAI), a successful $13 million,
multi-departmental, three-year initiative to help seniors and
others recognize the signs and symptoms of elder abuse and provide
information on available supports. This initiative successfully
concluded on March 31, 2011. Building on the momentum created
through the FEAI, which featured an awareness campaign, the
Government remains active in addressing elder abuse through the New
Horizons for Seniors Program and the continuation of its elder
abuse awareness campaigns. The campaign ran again during the month
of February and featured an elder abuse television ad, complemented
by both a print ad and a new web component targeting financial
abuse.
The New Horizons for Seniors Program is designed to help ensure
that seniors benefit from, and contribute to, the quality of life
in their communities through social participation and active
living. The program was expanded in 2007 to include elder abuse
awareness activities. The elder abuse awareness objective of the
program helps organizations develop national or regional education
and awareness activities to reduce the incidence of abuse of
seniors. Additional funds were announced in Budget 2010 for
projects that focus on raising awareness of the financial abuse of
seniors. In 2011, the Government increased its investments in the
program by $5 million per year for two years, bringing the
program's annual budget to $45 million. A portion of this funding
will continue to support projects that expand awareness of elder
abuse, including financial abuse.
As noted above, 35 percent of crimes against the elderly are
committed by family members. The Government of Canada's Family
Violence Initiative (FVI), a partnership of 15 federal departments,
agencies and Crown corporations, is led and coordinated by the
Public Health Agency of Canada. The FVI aims to reduce the
occurrence of family violence in Canada. It works toward this goal
by promoting public awareness of the risk and protective factors
associated with family violence; strengthening the capacity of the
criminal justice, health and housing systems to respond; as well as
supporting data collection, research and evaluation efforts to
identify innovative and promising practices and a range of
effective interventions.
To find out more on what the Government of Canada is doing for
seniors, visit www.seniors.gc.ca or call:
-- 1 800-O-Canada (1-800-622-6232)
-- TTY: 1-800-926-9105
Contacts: Office of the Minister of Justice Julie Di Mambro
Press Secretary 613-992-4621 Office of the Minister of State
(Seniors) Robert Lynch Director of Communications 613-790-0219
Department of Justice Media Relations 613-957-4207 Human Resources
and Skills Development Canada Media Relations Office
819-994-5559