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Canadian Network for the Prevention of Elder Abuse
Réseau canadien pour la prévention des mauvais traitements envers les aîné(e)s
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Canadian Laws on Abuse and Neglect
Table of Contents (click to jump to section)
A. Are There Laws To Protect Older Adults From Abuse?
2. Criminal law
B. How Effective Are Canada's Laws?
C. Are Abused Older Adults Willing to Use the Justice System?
Canadian Laws on Abuse and Neglect*
A. Are There Laws To Protect Older Adults From Abuse?
Yes. There are four main types of laws used in Canada to protect older adults from abuse and neglect. These are
- family violence laws,
- criminal law,
- adult protection laws, and
- adult guardianship laws.
Quebec has a special provision in its provincial human rights legislation which can be used as another way to help abused older adults in some cases.
Across Canada, different laws will apply in different types of abuse situations, depending in part on the mental capability of the older adult. Below, are brief descriptions of each type of law.
Family violence (or domestic violence) laws are a relatively new approach to the issue of abuse and neglect of seniors.
In general, a court or justice of the peace can issue a protection order which requires an abusive family member (usually, a spouse) to stay away from the person being harmed or threatened (e.g., the other spouse). The order may also require that they do not interfere with the abused individual's property.
Family violence laws can vary slightly from province to province, or territory to territory. Nova Scotia and Prince Edward Island have this type of law, as does Alberta, Saskatchewan, Manitoba (Domestic Violence and Stalking Prevention, Protection and Compensation Act) and Yukon. A new family violence protection law (currently known as Bill 21) came into effect in the Northwest Territories on April 1, 2005. While Ontario passed a family violence protection law in 2000, it is not in force.
Family violence laws primarily focus on the protecting the person's safety and physical protection, although some also cover threats or intimidation.(1)
The laws do not deal with other forms of abuse such as financial abuse, (2) although some victim assistance orders can deal with certain kinds of financial matters.(3)
See OAKNET for a description of emergency protection orders, restraining order and peace bonds in Alberta. The Legal Services Society of British Columbia also provides similar information.
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Are Family Violence Protection Laws Used by Abused Older Adults? |
Even where provinces or territories have family violence laws, they are not used very often for abuse of seniors. For example, of the 28,000 cases coming before the Winnipeg Family Violence court between 1990 and 1997, only 1% involved abuse of older adults. (4) Subsequent research shows the rates have continued to be very low.
Limited Coverage: One of the difficulties in this area is that depending on the province or territory, the law may or may not over the types of domestic violence relationships that older adults can experience. Domestic violence directed at older adults may come from
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the person’s spouse, |
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a new or former partner, |
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the adult’s grown children, |
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grandchildren or other relatives. |
An abusive person may be living with older adult, or may live in a separate residence. Some provinces and territories do not provide family violence legal interventions if someone other than the spouse is abusive. Other provinces or territories may include protection from someone outside the victim’s family; most will not cover an abusive relative or other person who is not residing in the place.(5)
Family Violence Protection Services May Not Be Adequately Resourced. (6)
There is growing evidence that a victim's willingness to proceed with the charge is significantly increased where adequate victim supports are in place. A 2001 Nova Scotia report highlighted the problems that can arise when the legal and other resources are not adequate to help make the available family violence prevention laws work. (7) Ongoing training, protocol development, and coordination are also key.
Family Violence Law Tends to Be Crisis Oriented
Focussing on crisis interventions only goes so far in helping an abused older adult. Problems experienced by older persons are often complex, multiple, and interrelated; they may take a long time to sort out and need to be monitored closely. (8)
Family Violence Law Operates After the Fact
Domestic violence laws are not really aimed at prevention. They focus on dealing with domestic abuse crisis situations. While these laws can restrain the abuser in an emergency or longer-term, they do not provide an abused person with support, assistance and services.
These laws are also much less effective if the abused adult is mentally incapable of making decisions on his or her own.
2. Criminal law
Many forms of abuse or neglect are crimes acts covered by the Criminal Code of Canada (click here for list of types of crimes and relevant section of the Criminal Code of Canada). These include physical or sexual assaults, intimidation and harassment, as well as crimes such as theft of property, fraud, or theft by power of attorney.
However, criminal law is not used very often to address abuse and neglect in later life. Compared to domestic violence for other age groups, there are fewer criminal charges laid for abuse of older women and older men, and it can be difficult to get a prosecution.
Older adults may be reluctant to have charges laid or cooperate with criminal prosecutions if they believe a close relative (who is often an adult child) will be convicted and punished.
In some criminal cases, the senior's health may deteriorate in the time between the charge and the court case, making them unavailable as a witness. In other instances, the primary witness (the victim) may experience mental incapacity. (8)
See OAKNET for a description of the criminal law process.
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In the Canadian criminal justice system, the federal government is responsible for developing criminal laws and the provincial and territories governments are responsible for the administration of justice. The provinces and territories are responsible for any public legal education, legal aid, poverty law, advocacy or victim services.
The responses that are available at the provincial and community level will affect whether or not abused or neglected older adults will have access to and will benefit from in the various justice systems. (9)
Across Canada, there are many policy and attitudinal barriers in the justice system that can “shut out” many abused or neglected older adults from having their situations treated as crimes. These include
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police may lack training to recognize and appropriately respond to abuse of seniors, |
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ageism and paternalism (such as when people in authority do not believe older adults, or do not consider the harms as serious), |
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police and community service agencies may not have training in appropriate interviewing techniques to help draw the best and most reliable information from older adults, |
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police and community service agencies may not document and utilize the available collateral information from people who have direct knowledge of abuse, |
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there are few lawyers with special skills to recognize and address the needs of older clients and aging issues (10) |
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the legal environment may be unsupportive (e.g. where abused older adults are ignored or treated in a paternalistic way; a lack of appropriate victim services to help older adults in the legal process), |
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policies of the police or community services may divert later life abuse cases into the health system, |
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Crown and judges may not be aware of abuse issue issues affecting older adults and the impact of the abuse on their lives.(10) |
Many of these barriers can be reduced through training, education, and policy development through ongoing efforts by community agencies and the justice system, but progress to date has been slow.
See: Achieving Justice For Abused Seniors: The Search for Solutions
Click here for some approaches to consider for "Improving access to justice"
Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland each have special adult protection laws. Part 3 of British Columbia's Adult Guardianship Act is another form of adult protection law. In Ontario, two private members bills were introduced in 2002 and 2003, proposing adult protection laws (See G. Webb, "Further Readings").
Some adult protection laws have mandatory reporting, others rely on voluntary reporting.
| Yukon passed the
Adult Protection and Decision Making Act, on December 17, 2003. It was
part of three related Acts (Public Guardian and Trustee Act, the
Care Consent Act and Parts 1-3 of the Adult Protection and
Decisionmaking Act) which came into force in the Yukon on May 2nd, 2005.
Part 4 of the Adult Protection
and Decisionmaking Act came into force September, 2005.
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Adult protection laws give a specific provincial health or social service department the responsibility to respond to the abuse or neglect cases that are brought to its attention.
These laws provide for both emergency access to the abused person, and more gradual intervention in the lives of abused or neglected adults. The aim of adult protection generally is not to punish the abuser. The focus is helping to provide the abused person with a range of health, social and other services. (12)
A province's adult protection law may provide health and personal care services, or short-term, financial management services provided by a provincial public guardian and trustee services. In most cases, adult protection staff strive to help abused or neglected adults by having them voluntarily accept services. However, government services may go to family court for an order imposing the health and personal care services on a mentally incapable adult who is declining help. This occurs as a last resort, and for a limited period of time (usually up to 12 months).
The orders may also
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restrain the person responsible for the abuse of a mentally incapable adult, and |
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require adult children to pay maintenance to their abused parent. |
Adult protection statutes may work hand in hand with public guardian and trustee laws to investigate financial abuse. (13). For more information, see: Nova Scotia Adult Protection Law
Special forms of adult protection laws exist in some provinces for people living in congregate or institutional settings.
Adult guardianship laws are used when people are mentally incapable of protecting themselves or their property. Because these laws focus on mental incapability, they can be used whether or not abuse or neglect is occurring.
The adult guardianship laws are different in various provinces and territories. In some jurisdictions, if the abused or neglected adult is not mentally able to protect herself or himself or their own property from an abuser and the person needs health, social, legal, or financial services, then another person may obtain a temporary guardianship order. This person is usually a close relative. If there isn't anyone else, it may be a provincial public guardian and trustee service. The temporary order may be converted into a long-term order, depending upon the mentally incapable adult's needs.
The adult guardianship laws are sometimes used along with family violence laws by providing for the restraint of abusers.
Yukon, British Columbia, Saskatchewan and Ontario have adopted (or are in the process of adopting) substitute consent legislation instead of guardianship orders. These laws deal with "substitute consent" for health care, personal care, and care facility admission may be used to help get services for a mentally incapable older adult without the need to go to court for a guardianship order.
In Quebec, curatorship (guardianship) may be imposed in emergency situations to protect an adult’s property, but is not available to protect the person.
Section 48 of the Quebec Charte des Droits et Libertés de la Personne, is sometimes used to help abused older people in Quebec. This section of the Quebec Charter which recognizes an older person’s right to protection against exploitation and abuse.
Either an abused older person or someone acting on the abused adult’s behalf may lay a complaint with the Quebec Human Rights Commission (Commission des droits de la personne et des droits de la jeunesse). The Commission may investigate and will try to mediate. If that mediation is not successful, the Commission can propose other measures including the cessation of the abusive act and the payment of an indemnity.
The matter may be referred to the Human Rights Tribunal, or to a court with appropriate jurisdiction, if enforcement measures are needed.
However, section 48 and the process are considered limited in their usefulness. First, section 48 focuses on "exploitation" and person must be "vulnerable". (14) Also, the Commission may not have adequate resources to deal with the abuse cases adequately, and it often takes a lengthy period to deal with the case. (15) The Commission has been criticized for tending to work in isolation and not working with community agencies to address the situation.
However, there have been some successful cases using this section.
See, for example: Commission Des Droits De La Personne Et Des Droits De La Jeunesse c. Vallée, 2003 QCTDP 95 (French version) and www.canlii.org/qc/jug/qctdp/2003/2003qctdp95.html (English Version)
B. How Effective Are Canada's Laws?
The short answer is "We don't know. The jury is still out." It is important to recognize that laws are simply one tool among many types of assistance that we can be offering to abused or neglected older adults, or can be using to prevent and address these harms.
When looking at whether or not particular laws are effective in preventing abuse and neglect of older adults or addressing abuse if it has occurred, it is important to look at
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the scope (what the laws cover and what are they intended to do), |
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what needs are they serving (such as deterrence), |
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whether they are used, |
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the ways they are used (or not used), |
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how well they respect the basic rights of the abused person, and do they create other harms for that person. |
There are many challenges in the Canadian legal system as it currently stands:
- Adult protection laws are limited in scope.
Adult protection laws tend to focus on abused people who are mentally incapable. These laws seldom include most of the forms of abuse or neglect that the older adult may experience, (16) and the law may not be uniformly applied (17). The adult protection statutes are seldom used together with the criminal law.
Many jurisdictions have experienced shrinking health and social service budgets in the past decade. That means that simply because an adult protection intervention by government services occurs, this may not be followed by providing appropriate services and support to the abused or neglected adult. People point out that this casts doubt on the value of intervening in the first instance. (18)
- Adult protection laws can be paternalistic.
Adult protection legislation has been criticized as a very paternalistic response: it inappropriately parallels child protection legislation and in effect, the law treats abused seniors like children and as if they are not capable of making their own choices.
The problem may be particularly acute when the people responding to an abuse case have not been trained to recognize an abused adult’s right to make personal choices and take risks (these are often referred to as principles of autonomy and self-determination). Adult protection laws, although well intended, may be used to excess by professionals who are over-zealous. (18 & 19)
- Some adult protection laws may lack procedural safeguards.
Adult protection legislation in some jurisdictions have been criticized as taking away people's rights without due process.
- Adult guardianship laws often strip incapable people of all their rights.
A person may be mentally capable of making certain kinds of decisions and not others. Some provinces allow for court appointed substitutes to have powers over limited parts of the older adult's life. However, full guardianship is common and it takes away control from substantial parts of the incapable person's life. As a result, it is both intrusive and stigmatizing.
- Family violence laws may not address the types of abusive relationships that older adults can face.
As previously noted, some provinces' family violence do not provide for interventions if someone other than the spouse is abusive. Most provinces will not cover an abusive relative or other person who is not residing in the place.
Also, these types of laws do not address neglect. (20)
- Often there are inadequate resources at all levels.
People are concerned that appropriate assistance and support services may not be available after authorities have intervened in an abuse case. Many communities have seen a lack of services, or reductions in health and social services budgets. Critics ask: Why intervene in an abuse or neglect case when it is unlikely to do any good because of lack of services? (21) Laws need to have adequate community resources in order to be effective.
In recent years, some provinces have seen major cuts (and in some cases elimination of services) for victim services, legal aid and lawyers who cover poverty law (which can be important in helping low income older adults have their rights respected). These services cuts affect vulnerable people in all age groups, but also especially hurt abused older adults. Already scarce services become more scarce or non-existent.
C. Are Abused Older Adults Willing to Use the Justice System?
It is very common to hear statements like “abused or neglected seniors won’t use the legal system", or "they don’t want to lay criminal charges against their children" or "they won’t sue the person if they have been financially abused.” This is often true, and these are very difficult decisions for people who have been harmed by someone else, no matter what their age.
However, abused older women and older men make their decisions often based on
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what people tell them, |
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what they feel their options are, |
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how they think others will act towards them (particularly how others will think about them as parents and grandparents), and |
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whether they are given adequate time, support and assistance to make decisions. |
It has been suggested that some older adults are never even given the opportunity to make a decision about going to court. Someone has already done it for them, based on social assumptions about what "seniors will or will not do". (22)
Whether or not an older woman or older man has criminal charges laid and is willing to testify (or go to court to sue the other person on a civil matter) often depends on how supportive their friends and family are, and how people in the justice system and health and community services respond. In many cases, the beliefs, priorities and responses of other people can fundamentally affect access to justice for abused or neglected older adults, in a negative or a positive way.
* Many of the key ideas and references for this page are drawn from a special report prepared by M. Beaulieu, R. Gordon and C. Spencer (September, 2003). "An Environmental Scan of Abuse Neglect of Older Adults on Canada: What’s Working and Why". Prepared under contract for the Federal/Provincial/Territorial Committee of Officials (Seniors). The information has been updated for this site.
(1) See for example, Alberta's Protection Against Family Violence Act, R.S.A. 2000, c. P-27
(2) See, e.g., Gordon, R.M. & Brill, D. (2001). Abuse and neglect of the elderly. International Journal of Law and Psychiatry, 24, 70 – 93.
(3) Canadian Centre for Justice Statistics. (July, 2002). Family Violence in Canada: A Statistical Profile 2002. Ottawa: Statistics Canada Cat. No. 85-224 XIE, at page 14. Online at: www.statcan.ca/english/freepub/85 224 XIE/85 224 XIE00002.pdf.
(4) Ursel, J. (July 2000) "Winnipeg Family Violence Court Report" in Family Violence in Canada: A Statistical Profile 2000, Canadian Centre for Justice Statistics, Chapter 6.1 July 2000, Statistics Canada. Online at : www.statcan.ca/english/freepub/85-224-XIE/free.htm
(5) Manitoba has been considering removing the cohabitation provisions so that the law can be used by extended family members. See: www.umanitoba.ca/resolve/newsletter/Volume%205/vol5%5B2%5D03.pdf “Protection Notes”, Resolve News, 5 (2) (June, 2003), p. 3.
Amendments to Manitoba's Domestic Violence and Stalking Prevention Protection and Compensation Act were assented to in July, 2004. However, the new provisions have not yet come into force.
The Yukon legislation has undergone a review, including consideration of whether the Act should be changed to include close personal adult relationships not involving cohabitation. See: Bala, N. C. & Ringseis, E. L. (July, 2002) Review of Yukon’s Family Violence Prevention Act. Online at: www.justice.gov.yk.ca/pdf/pubs/fvpa_report.pdf
(6) Russell, D. & Ginn, D. (May, 2001). Framework for Action Against Family Violence (2001 Review). Online: www.gov.ns.ca/just/Publications/russell/crown.htm
(7) Macdonald, M. & Collins, A. (1998). Abuse and Neglect of Older Adults: A Discussion Paper. Health Canada, Family Violence Prevention Unit, Ottawa. Citing Ledbetter Hancock, B. (1990). Social Work with Older People. (2nd ed.). Englewood Cliffs, NJ: Prentice Hall. Discussion paper online at :
www.hc-sc.gc.ca/hppb/familyviolence/html/agediscussion_e.html
(8) See, e.g., Gordon, R.M. & Verdun-Jones, S. N. (1992). Adult Guardianship Law in Canada. Toronto: Carswell.
(9) See Spencer, C. (Spring 2001). Achieving Justice For Abused Seniors: The Search for Solutions BC Institute Against Family Violence newsletter. Also Spencer, C. (2004). Gender based analysis of senior abuse and the Canadian justice system. GRC NEWS, Vol. 23 (No. 1), 3-4. www.harbour.sfu.ca/gero/grcn_pdfs/vol23no1.pdf
(10) Beaulieu, M. & Spencer, C. (1999). Older Adults' Personal Relationships and the Law in Canada. (Ottawa, ON: Law Commission of Canada Online at: www.lcc.gc.ca/en/themes/pr/oa/spencer/spencer.asp#ftnref88
(11) Beaulieu & Spencer (1999), ibid.
(12) Full details of the adult protection statutes in different Canadian jurisdictions can be found in two main texts:
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Gordon, R.M. & Verdun-Jones, S. N. (1992). Adult Guardianship Law in Canada. Toronto: Carswell, and |
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Robertson, G. (1994). Mental disability and the law in Canada (2nd edition). Toronto: Carswell. |
(13) Gordon, R.M. (2001). Adult protection legislation in Canada: models, issues, and problems. International Journal of Law and Psychiatry, 24, 117 -134.
(14) Commission de droits de la personne du Québec c. Brzozowski T.D.P. Q. [1994] R. J. Q. 1147.
(15) Beaulieu, M. La protection des personnes aînées contre l’exploitation. Analyse critique du rapport: «L’exploitation des personnes âgées, vers un filet de protection resserré. Rapport de consultation et de recommandations. Commission des droits de la personne et des droits de la jeunesse». Octobre 2001. Le Gérontophile, 24(2): 34-29 (2002).
Beaulieu noted that the Commission had only 50 staff for the whole province to address complaints under the wide range of provisions of the Charter.
An early Article 48 Charter case took five years from initial inquiry to the case going before the Human Rights Tribunal, an unrealistic time frame for dealing with abuse of adults of any age, but especially older adults.
(16) In some jurisdictions (e.g., Nova Scotia), the legislation does not provide for interventions in financial abuse cases. In Manitoba, the adult protection legislation is intended only for those with developmental disabilities. Mentally incapable seniors would be excluded unless the person has grown old with a developmental disability.
(17) Bond, J. B., Penner, R., & Yellen, P. (1995). Perceived effectiveness of legislation concerning abuse of the elderly: A survey of professionals in Canada and the United States. Canadian Journal on Aging, 14 (2), 118-135
(18) See Harbison, J., Coughlan, S.G., Downe-Warmboldt B., Elgie, R., Melanson, P., & M. Morrow. (1995). Mistreating elderly people: questioning the legal response to elder abuse and neglect. Halifax, NS: Dalhousie University Health Law Institute.
(19) Poirier, D. (1992). The power of social workers in the creation and application of elder protection statutory norms in New Brunswick and Nova Scotia. Journal of Elder Abuse and Neglect, 4 (1/2), 113 – 134.
(20) Macdonald, M. & Collins, A. (1998). Abuse and Neglect of Older Adults: A Discussion Paper. Health Canada, Family Violence Prevention Unit, Ottawa. Online at: www.hc-sc.gc.ca/hppb/familyviolence/html/agediscussion_e.html
(21) See Harbison, J., Coughlan, S.G., Downe-Warmboldt B., Elgie, R., Melanson, P., & M. Morrow. (1995). Mistreating elderly people: questioning the legal response to elder abuse and neglect. Halifax, NS: Dalhousie University Health Law Institute.
See for example, Re J.J. [2003] NSJ No. 57 (N.S.C.A.) where a Nova Scotia family court ordered particular services requested by an adult who was under adult protection. The Court of Appeal upheld the government's appeal, noting that the family court cannot dictate the services to be given to an abused or neglected adult: this was a matter for the provincial adult protection service to decide.
The case was appealed to the Supreme Court of Canada where among other things, the Supreme Court of Canada held that the Family Court judge did not exceed her jurisdiction. (The Family Court judge had ordered the woman under protection should not be placed outside of the Halifax region because it was not consistent with her best interests and wellbeing.)
http://scc.lexum.umontreal.ca/en/2005/2005scc12/2005scc12.html
For further discussion of the case and its implications, see: Webb, G. (Spring, 2004) Adult Protection Legislation: How Far Can the Government Go In Protecting Adults? Advocacy Centre for the Elderly Newsletter. Vol. 3, No. 9
(22) See: Achieving Justice For Abused Seniors: The Search for Solutions
[click on the underlined titles]
Advocacy Centre for the Elderly
Description: The Advocacy Centre for The Elderly is a community based legal clinic for low income senior citizens in Toronto. ACE provides direct legal services to low-income seniors, public legal education, and engages in law reform activities. Carries information on Elder Abuse, General information, Home Care, Nursing Homes and Homes for the Aged, Pensions and Related Matters, Retirement Homes & Tenancy Issues.
Description: An Alberta project that deals with the law and the abuse of older adults. www.oak-net.org/
Centre for Elder Law University of Western Sydney
Description: The Centre's mission is to contribute to the advancement and awareness of the legal interests of older adults in Australia.
Canadian Centre for Elder Law Studies
(A division of the BC Law Institute)Description:
The objectives of the Centre are: to enrich and to inform the lives of older people in their relationship with the law; to meet the increasing need for legal education and research in relation to legal issues having particular significance for older people ("Elder Law") and to serve as a national focal point for this emerging field.
Legal Services Society of British Columbia (Family Law website)
Description:
Provides self-help materials to help with legal problems related to family law and family violence. Provides basic information in multiple languages (English, Spanish, Farsi, Punjabi, Chinese)."If You Are an Immigrant Sponsored by Your Husband"; "Taking Legal Action; Peace Bonds, Restraining Orders, and No-Contact Orders"; "Sponsorship Breakdown".
"Speaking of Abuse: Violence Against
Women in Relationships" is available in English,
Spanish, Farsi, Punjabi, Chinese, Russian, Vietnamese,
French.
Nova Scotia
Adult Protection Act (Legal Information Society of Nova Scotia).
Description: Good overview of the adult protection law in Nova Scotia, using Questions and Answers to explain the law and what happens.
New Brunswick
Abuse and Neglect of Adults with Disabilities and Seniors
Description : Answers some basic questions about abuse and neglect of seniors or people with disabilities. Focus on caregiving. Produced by Public Legal Education and Information Service of New Brunswick.
Niagara Regional Police Service
Crimes and Abuse Against the Elderly
Description: Describes why abuse of older adults is under-reported and offers suggestions for things an abused senior may want to consider to help prevent abuse from happening.
Alberta Civil Liberties
Seniors and the Law: A Resource Guide
Description: Chapter 2 provides basic information on abuse of seniors, and identifies whether the criminal justice system can help. Explains peace bonds, restraining orders and the Alberta Family Violence Protection Act in everyday language. (Updated 2003). Online at: www.aclrc.com/Seniors%20Book%20Updated/Seniors%20chapter2.htm
Public Legal Education Association of Saskatchewan
Abuse of Older Adults (2001)
Description: Provides basic information on abuse of older adults, signs, types of laws that apply in Saskatchewan, where to get help. www.plea.org/freepubs/aoa/oabuse.htm
Older Women's Network
Expanding Justice for Older Women Report, September 2005
Further Reading (External sites, click titles)
Justice Canada
Abuse of Older Adults: A Fact Sheet from the Department of Justice Canada
Description: The Fact Sheet describes: What is abuse of older adults? How widespread is it? What factors play a role in abuse of older adults? What are some potential warning signs? What are the consequences of abuse of older adults? How to prevent and respond to abuse of older adults. Reforming the law and enhancing its implementation; other strategies to prevent and respond to the abuse of older adults. Also provides suggested resources and where to get more information.
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MacRae, J. (April 2003). Relationship Violence and Diversion: A Literature Review on Pro-charge Policies and Crown Discretion. www.bcifv.org/pubs/RelationshipViolenceAndDiversion.pdf
Description: This paper examines pro-charge and pro-prosecution strategies, exploring the consequences of allowing Crown prosecutors the discretion to divert abusers to alternative measures prior to charge approval. As well, this paper examines the creation of domestic violence courts in various Canadian jurisdictions.
~~~
Spencer, C. (2002). Is What We Have in Canada Working? A Look at the Use of Special Legislation to Protect Older Persons in Care from Abuse and Neglect Ontario Elder Abuse Conference Proceedings.
Description: Describes the strengths and
limitations of special laws in Alberta and Manitoba to protect older
adults in long term care facilities.
Webb, G. (Spring, 2004). Adult Protection Legislation: How Far Can the Government Go in Protecting Adults? Advocacy Centre for the Elderly Newsletter. Vol. 3, No. 9
~~~
Westcoast Leaf, et al. Civil Legal Rights of Abused Women: A Transformative Public Legal Education Project Prepared for Law Foundation of BC.
Description: Based on findings from community workshops, this report documents the experiences of abused BC women when they do not have legal representation. Also identifies essential legal information and education needs of women’s advocates that abused women turn to when they are unable to obtain civil legal representation.
~~~
Police Services Act, Ontario Regulation 3/99 "Adequacy and effectiveness of police services"
Description: Places a responsibility on every Ontario chief of police to develop and maintain procedures on and processes for undertaking and managing general criminal investigations and investigations into abuse and neglect of older adults.
Manitoba Law Reform Commission
Description: Manitoba Law Reform Commission's 1999 report "Adult Protection and Elder Abuse" (Report #103) provides a wide variety of recommendations regarding provincial laws in this area. Recommends against having an adult protection law, and offers a number of recommendations for changes to The Domestic Violence and Stalking Prevention, Protection and Compensation Act. See: www.gov.mb.ca/justice/mlrc/reports/103.pdf
British Columbia RCMP “E” Division Policy VIR-VAWIR 2002 "Violence in Relationships (VIR)/Violence Against Women in Relationships (VAWIR)".
Description: Identifies the the responsibilities of RCMP in British Columbia when responding to 9-1-1 domestic violence calls. Online at: www.endingviolence.org/publications/228/RCMPVIRPolicy.doc
Part of the RCMP policy dealing with "undertaking to appear" was modified in February 2005. www.vcn.bc.ca/bcasvacp/publications/257/VIR%20Policy%20Change.pdf
BC Ministry of the Attorney General.
Policy on the Criminal Justice System Response To Violence Against Women in Relationships Policy. Updated: March 2004 www.pssg.gov.bc.ca/vawc/vawir.pdf
Canadian Network for the Prevention of Elder Abuse. Page last updated Tuesday July 21, 2009
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