Canadian Lawyer

October 2017

The most widely read magazine for Canadian lawyers

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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.

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