87 Saskatchewan Federation of Police Officers Elder Abuse laws in Canada Elder Abuse comes in various forms and can include physical, sexual, financial and emotional abuse. There is no specific crime of elder abuse in the Criminal Code, and constitutional jurisdiction is shared between the provincial/territorial and federal governments. Instead, several sections of the Code can deal with cases where older people are harmed, including manslaughter, failure to provide the necessities of life, and sexual assault.You could face life in prison if convicted, depending on the section of the Code. What is Elder Abuse? According to the Canadian Network for the Prevention of Elder Abuse (CNPEA), crimes against the elderly can include sexual, systematic, financial or emotional abuse, neglect and violations of rights and freedoms. Sexual abuse can occur if the victim is forced to engage in sexual activity, which can include verbal or suggestive behaviour or touching. Systemic abuse is also known as institutional abuse and refers to policies, practices or regulations that harm or discriminate against the elderly. Financial abuse is any effort to threaten, trick or persuade elderly adults out of their possessions and can include misusing a power of attorney. If you threaten, intimidate, insult or humiliate an elderly person this would be considered emotional abuse, and includes treating the victim as a child or not allowing them to see their family and friends, according to the CNPEA. Failing to provide the necessaries of life, such as medical care, food and shelter would be considered neglect even if it is not intentional. It is considered a violation of rights and freedoms if you interfere with an older adult's ability to make choices, especially when those choices are protected under the law, such as traditions or spiritual practices.The CNPEA notes denying privacy, preventing visitors, dictating how the person can spend their money or withholding mail or information can be considered violations. Different sections of the Code can be used to prosecute elder abuse: • failure to provide the necessaries of life (s.215); • manslaughter (s.236); • robbery (ss.344 (b)) and (ss.349 (1)); • sexual assault (s.271 (1)); • fraud (s.380 (1)) • assault (s.265) • theft (s.322, s.331) • uttering threats (s.264.1); • forcible confinement (s.279) Charges Used to Prosecute Elder Abuse According to the D0J, the offence in the Criminal Code that comes the closest to creating an offence of elder neglect is covered under s.215 (1)(a) that creates an explicit duty on the part of a caregiver to provide the necessaries of life. However, other sections would also deal with crimes that cause harm to older individuals. Failure to Provide the Necessaries of Life Section 215 of the Code establishes a legal duty for everyone to provide necessaries of life to a person under his or her charge if that person "is unable, by reason of detention, age, illness, mental disorder or other cause, to withdraw himself from that charge." If this charge is prosecuted as an indictable offence the maximum penalty is a five-year prison term or a less harsh sentence if it is prosecuted as a summary conviction. Manslaughter Manslaughter is covered under s.236 of the Code and states that If you commit an unlawful act that causes the death of another person you could be convicted and imprisoned for life. Death is not planned and there was no intent to kill. There is no mandatory minimum sentence unless a firearm was used, in which case the minimum jail term is four years in prison. Robbery Section 343 of the Code makes it illegal to commit theft while using, or threatening to use, physical force. Robbery is always treated as an indictable offence. If a firearm is used, the maximum sentence is imprisonment for life, with a mandatory minimum sentence of four continued
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