Abuse of Older Adults:
Department of Justice Canada Overview Paper

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June 2009

What Is Abuse of Older Adults?¹

When defining abuse of older adults², three circumstances in which abuse occurs are usually cited:

• abuse of older adults who are either living alone or with family members or others in private residences (including older adults receiving home care or community care);
• abuse of older adults who are living in institutions;
• self-neglect by older adults.³

In this overview paper, “abuse of older adults” refers to violence, mistreatment or neglect that older adults living in either private residences or institutions may experience at the hands of their spouses, children, other family members, caregivers, service providers or other individuals in situations of power or trust. The definition also includes older adults abused by non-family members who are not in a position of power or trust. This overview paper does not address self-neglect by older adults.⁴

Although a person may be abused at any life stage—childhood, adolescence, young adulthood, middle age or old age—the nature and consequences of abuse may differ depending on the person’s situation. Older adults’ experiences of abuse, for example, may be related to their living arrangement (they may be living alone, with family members or others, or in an institution). ⁵ Their experiences may also be linked to their level of reliance on others, including family members or other care providers, for assistance and support in daily living. Some abuse that older adults experience may be related to their age, while other abuse may arise from unrelated factors, such as conflict in an intimate relationship.

For older adults living in private homes, abuse may relate to their level of financial or emotional dependence on others, or the abuse could relate to the level of emotional or financial dependence others have on older adults.

For older adults living in long-term care facilities, abuse may relate to the often-intimate processes requiring staff assistance, including feeding, bathing, dressing and moving as well as the provision of medication and other treatments.

Forms of Abuse of Older Adults⁶

An older adult may be subjected to one or more forms of abuse, including:

• physical abuse;
• sexual abuse and exploitation;
• neglect;
• psychological or emotional abuse;
• economic or financial abuse; and
• spiritual abuse.

For a description of these forms of abuse, please see the “Forms of Abuse” section of the Family Violence overview paper.

Each form of abuse can exist on its own or in combination with other forms. The abuse can occur once or over a prolonged period of time.

Role of the Criminal Code

In Canada, certain forms of abuse, such as fraud, assault, sexual assault, uttering threats and criminal harassment, are crimes under the Criminal Code. Some types of abuse are also offences under provincial and territorial legislation.

The Criminal Code also includes a provision (section 718.2) that requires the court, when delivering a sentence, to take into account evidence that the offence was motivated by age- or disability-based bias, prejudice or hate. The Court must also consider whether, in committing the offence, the offender abused a position of trust or authority.

Physical and sexual abuse

Physical abuse includes any intentional use of physical force that either injures or risks injuring someone. Physical abuse against older adults may involve the unnecessary use of or misuse of restraints (physical or pharmaceutical) or confinement. Sexual abuse includes forcing a person to participate in any unwanted, unsafe or degrading sexual activity. Some of the Criminal Code provisions that may apply include:

• manslaughter: ss. 234, 236
• murder: ss. 229–231, 235
• assault: ss. 265–268
• unlawfully causing bodily harm: s. 269
• sexual assault: ss. 271–273
• forcible confinement: s. 279 (2)

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Neglect

Neglect, whether intentional or unintentional, is often chronic and usually involves repeated incidents that result in the failure to provide adequately for a dependent adult. Neglect may include failing to provide adequate nutrition, personal care, or a clean and safe living environment or withholding or improperly providing medications, medical aids, assistive devices or treatments. It may also include leaving incapacitated older adults alone for too long or abandoning them. Some forms of neglect are crimes in Canada. The following Criminal Code provisions could apply in some instances:

• criminal negligence causing bodily harm or death: ss. 219–221
• failure to provide the necessities of life: s. 215

Psychological or emotional abuse

Psychological or emotional abuse involves using words or actions to control, isolate, intimidate or dehumanize someone. Psychological and emotional abuse includes any act or omission that reduces an individual’s sense of self-worth; damages his or her psychological and emotional integrity; or puts him or her at risk of behavioural, cognitive, emotional or mental disorders. For older adults, psychological/emotional abuse may include threatening to injure, abandon or institutionalize them, or making them fear that they will not receive the care they need. It may include socially isolating them, or withholding information from them. Demeaning older adults’ language, religion or traditional practices, or not allowing them to make their own decisions and choose their own activities are also forms of abuse. Some of the Criminal Code provisions that may apply include:

• criminal harassment: s. 264
• uttering threats: s. 264.1
• harassing telephone calls: s. 372 (2) and (3)
• intimidation: s. 423
• counselling suicide: s. 241

Economic or financial abuse

Economic or financial abuse includes acting without consent in a way that financially benefits one person at the expense of another. This may include stealing or using older adults’ money or property in a dishonest manner, or failing to use older adults’ assets for their welfare. Taking unfair advantage of older adults by making them sign legal documents, pressuring them to provide financial support or care for others, or wrongfully using a power of attorney, are also examples of financial abuse. Some of the Criminal Code provisions that may apply include:

• theft: ss. 322, 328–332, 334
• theft by person holding power of attorney: s. 331
• misappropriation of money held under direction: s. 332
• criminal breach of trust: s. 336
• theft of, forgery of credit card: s. 342
• forgery: s. 366
• fraud: s. 380 (1)

Institutional abuse

Older adults living in institutional care facilities may experience institutional abuse. This type of abuse involves inadequate care and nutrition, low standards of nursing care, inappropriate or aggressive staff–client interactions, or substandard, overcrowded or unsanitary living environments. The misuse of physical or chemical restraints is also a form of abuse. In some cases, a facility’s policies may be inappropriate for meeting an older adult’s needs. For example, institutions may be operated to meet a goal that is in conflict with meeting residents’ health and environmental needs.⁷

Role of Provincial and Territorial Legislation: Other Protective Measures

The law has largely protected older adults’ interests in terms of physical or mental deterioration through guardianship, health law, substitute decision-making and succession legislation.⁸ Some offences, such as abuse of power of attorney or contravention of the Trustee Act, are offences within provincial/territorial jurisdiction.

Several jurisdictions in Canada have passed protection and guardianship laws⁹ to protect older adults who are victims of physical or sexual abuse, mental cruelty or inadequate care or attention. In jurisdictions where adult protection and guardianship legislation is in place, there may be statutory adult-protection service programs that offer a combination of legal, health and social service interventions. Several jurisdictions in Canada have family violence legislation¹⁰ and institutional abuse legislation¹¹ which may also offer protection to older adults. In Quebec, human rights legislation may also offer protection to older adults in situations of exploitation and abuse.¹² Balancing appropriate protection with the need to respect older adults’ independence is an ongoing issue.

There are many ongoing challenges involved in having older adults’ relationships understood through the law and ensuring that their rights and needs are respected in the justice system.¹³ For services available in each province and territory, please see the Government of Canada’s Directory of Services and Programs Addressing the Needs of Older Adult Victims of Violence in Canada.

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