w w w . C A N A D I A N L a w y e r m a g . c o m O C T O B E R 2 0 1 7 45
ABUSE OF THE OLDER ADULT:
A Societal Issue-Your issue, my issue.
Sponsored by
W
e tell children, "Respect your
elders." Why then are so many
older adults subject to abuse, often
from those on whom they depend
the most? Elder Abuse has many
dimensions: psychological, physical,
sexual, and financial. One might say it has many faces.
The Criminal Code doesn't specifically define "elder
abuse" or "financial abuse". Instead, it provides approxi-
mately ten separate offences under which a perpetrator
could be charged.
1
Elder abuse is chronically underreported,
2
however, it is
noteworthy that:
• 8,500 adults aged 65+ were victim of violent crime in
2011.
3
• 34% were victimized by a family member, 19% by an
acquaintance, and 27% by strangers.
4
• Common assault was the most prevalent form of family
violence against older adults in 2011 (52%), followed by
uttering threats (20%), and serious assault (12%).
5
• Of the older adult victims of homicide between 2001 and
2011, 6% of victims were murdered for financial gain
(insurance monies or inheritances), while 30-40% were
murdered "out of frustration, anger or despair".
6
This problem demands action: by 2036, adults over 65
are expected to represent a quarter of the Canadian popula-
tion.
7
Now is the time to develop strategies that offer
better protection to this vulnerable segment of society.
1. Criminal Code, R.S.C., 1985, c. C-46, s. 331 (Theft by a Per-
son Holding a Power of Attorney, s. 322 (Theft), s.336 (Crimi-
nal Breach of Trust (Conversion by Trustee)), s. 366 (Forgery),
s. 346 (Extortion), ss. 386 – 388 (Fraud), s. 215 (Failure to pro-
vide the necessaries of life, and s. 219 (Criminal Negligence).
2. Department of Justice, Backgrounder Elder Abuse Legislation,
online: http://www.justice.gc.ca/eng/news-nouv/nr-cp/2012/
doc_32716.html
3. Statistics Canada (2013) Juristat Article – Family Violence
in Canada: A Statistical Profile, 2011, Maire Sinha, Canadian
Centre for Justice Statistics at p.77. http://www.statcan.gc.ca/
pub/85-002-x/2013001/article/11805-eng.htm [accessed on
01.09.15]
4. Ibid. at p.77.
5. Ibid at p.83.
6. Ibid. at p.91.
7. Statistics Canada, "Seniors," Canada Yearbook 11-402-X
(October 7, 2016), retrieved from: http://www.statcan.gc.ca/
pub/85-002-x/2014001/article/14114-eng.pdf.