Getting Tough on Elder Abuse - Are We There Yet?

On Friday of last week, the Canadian government introduced Bill C-36, the Protecting Canada’s Seniors Act. The bill, fulfilling a promise made by the Conservatives during elections, seeks to amend the Criminal Code to impose harsher sentences for elder abuse. While it has received wide support, advocacy groups are hoping the government doesn’t consider this its only step in supporting victims of elder abuse. The problem is, the bill doesn’t come close to addressing the root causes of abuse.

Take for example the case of Danae Chambers, the 71-year old Ontario woman with dementia who was discovered being anally raped by her male nurse in her nursing home last year. The horrific details of the case were reported in the Toronto Star which also reported on several other cases of abuse.

According to the Toronto Star, over 10 residents of nursing homes in Ontario are abused, either physically, verbally or sexually every month. Chambers case was made public because her brother and close friend felt it important to use her name to raise awareness about the vulnerability of the elderly, especially women, and more particularly, elderly with dementia. Chambers is a well-known portrait artist whose subjects included elite business and political figures such as Pierre Trudeau.

Charges have now been brought against the registered nurse, but what allowed the abuse to happen in the first place? In many cases, the system relies on staff to report on other staff members or residents, but being over-worked, under paid, fear and in some cases, a culture of secrecy keeps workers from reporting incidences.

Canada, while blessed with a national healthcare system, actually has closer to ten different healthcare systems that all differ provincial. Some nursing homes can come under different legislation with different regulations. Take for example British Columbia. The BC Ombudsperson, an independent office that receives and investigates complaints about public agencies, released a 2-part report last month detailing its own investigation into BC nursing homes. The report highlighted that BC operates its nursing homes under two legislations with significant differences between the two acts when it comes to regulations about type of care provided, supervision and level of staffing. The result can be offloading of cost onto staff and residents which compromises quality of care and the work environment.

One of the other concerns brought up by advocacy groups with the C-36 bill is that decreasing old age security and not increasing guaranteed income supplement will detrimentally affect mainly poor seniors, leaving them in vulnerable situations. Unlike the US, Canada also does not have a national elder abuse hotline to redirect calls to local agencies that can investigate the situation.

Elder abuse is defined as the mistreatment of older adults that threatens their safety and health. This includes physical, sexual, emotional abuse (withholding basic needs, verbal threats), caregiver neglect and financial exploitation. The abuse can take place at home and also at nursing homes and is generally perpetrated by those in a position of trust such as extended family members or paid caregivers, but can also be by other residents in care facilities. Statistics Canada reported that as high as 7% of Canadian seniors have suffered some sort of abuse and 24% of these victims were abused by non-relatives.

Signs of elder abuse are not just bruises and broken bones.  Watch for withdrawal from usual activities or caregiver anger.  Listen to the senior and their caregiver.  If you suspect elder abuse, speak to your local Alzheimer's Society or your local police department.

Seniors and children are the most vulnerable populations in our society. But the infrastructure to protect our seniors in Canada its just not there yet.