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JUST Committee Report

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List of Recommendations

 

As a result of their deliberations committees may make recommendations which they include in their reports for the consideration of the House of Commons or the Government. Recommendations related to this study are listed below.

Recommendation 1

That the federal government, in consultation with the provinces, territories, and other relevant stakeholders, develop options to standardize the definition(s) of elder abuse in Canada and do a comparative analysis of the advantages and disadvantages of those options, with particular attention to the following considerations:

  • ... what kinds of harms should be included and who should be held responsible for those harms;
  • ... whether the definition should be limited to abuse within relationships of trust, thereby excluding financial scams by strangers who victimize seniors;
  • ... whether the definition should specify a particular age group and, if so, what age;
  • ... whether a universal definition is preferable, or whether different definitions are required for:
    • criminal versus other law and policy contexts; and
    • abuse in institutional versus community settings; and
  • ... the need to use inclusive terminology that respects the preferences of those directly affected by elder abuse.

Recommendation 2

That the federal government build on the Budget 2021 commitment to implement a disaggregated data action plan by:

  • ... supporting research and data collection on elder abuse, including by Indigenous organizations;
  • ... supporting the collection and analysis of disaggregated data regarding senior care and the abuse of seniors, with particular attention to the significance of factors such as gender, sexual orientation, gender identity, disability, income, race, ethnicity, newcomer status, and Indigenous identity; and
  • ... supporting collaboration and enhanced communication between Statistics Canada and law enforcement agencies.

Recommendation 3

That the federal government table amendments to the Criminal Code that would explicitly penalize elder abuse and in doing so, consider the offence of criminal endangerment, specifically with elements covering failure to provide care where a contract for care exists and that failure endangers the health and/or safety of those in care.

Recommendation 4

That the federal government identify and implement mechanisms to protect whistleblowers in long-term care in consultation with relevant stakeholders, including considering possible Criminal Code amendments to make retaliation in response to complaints an administration of justice offence similar to existing provisions regarding obstruction of justice and intimidation.

Recommendation 5

That the federal government, in consultation with relevant stakeholders, examine the aggravating factors in sentencing in the Criminal Code and identify whether amendments to those sections could be made to strengthen punishments for elder abuse, including considering the benefits of specifically referencing seniors in those sections. Consideration should also be given to whether potential maximum terms of imprisonment and fines for long-term care administrators, officers, and directors convicted of offences related to incidents of elder abuse are adequate or require Criminal Code amendments.

Recommendation 6

That the federal government provide funding to improve training and enhance resources to facilitate investigations of elder abuse, including deaths in institutional and other settings.

Recommendation 7

That the federal government, in consultation with the provinces, territories, and other relevant stakeholders, identify and support the best methods to raise public awareness of elder abuse and to encourage reporting and prevention, including through the education system.

Recommendation 8

That the federal government increase support for programs and policies to prevent and address elder abuse, in collaboration with the provinces, territories and other relevant stakeholders, to ensure that adequate services are available for seniors nationwide.

Recommendation 9

That the federal government, in consultation with other relevant stakeholders, consider amending privacy and banking legislation, as well as non-legislative alternatives, to better protect seniors against financial crimes such as fraud and theft and to protect bank employees from liability for reporting potential financial abuse of a senior, taking lessons learned from the experience of the United States with the Senior Safe Act.

Recommendation 10

That the federal government conduct an intersectional analysis of all measures it takes to address elder abuse to ensure that the needs and circumstances of all seniors are integrated into the federal response, with particular attention given to factors such as gender, sexual orientation, gender identity, disability, income, race, ethnicity, newcomer status, and Indigenous identity.