1. Title of Resolution:

Criminal Code Amendments to Combat Elder Abuse

2. Estimated cost of implementation to CBA:

(Including the amount of any increase in budget requirements, any potential savings, and the amount of staff time to implement the resolution) Note: National Office staff can assist in calculating implementation cost.

CBA staff time to support eventual advocacy efforts can be implemented in current budgetary allocation.

3. Contact person who can assist the Board of Directors to implement the Resolution:

Name: Nithila Murugadas
Firm name: NIKA LAW LLP, Mississauga
Telephone: (905) 602-7370
E-mail: nithila@nikalaw.com

4. Implementation Calendar

(List steps to be taken by the CBA to implement the Resolution and suggested dates for completion of each step)

There are no immediate steps for implementation.  The resolution opens up the possibility of future advocacy on measures to address elder abuse.

5. Indicator of Success

(The practical result which, if achieved, will show that the Resolution has been successfully implemented by the CBA.)

The CBA offering valuable and nuanced comments on proposed amendments to the Criminal Code on elder abuse.

6. Any information not appearing on the face of the Resolution to inform the deliberations:

(Attach or link to any background papers or other documentation in addition to this form which should be submitted to the Annual Meeting with the Resolution. Attach or link to documentation in both French and English, where it exists in both official languages.)

The proposed resolution seeks to clarify Resolution 11-10-A, Response to Elder Abuse, that opposes a Criminal Code amendment in respect of a specific offence of elder abuse. The proposed resolution does not seek or propose a Criminal Code amendment in respect of a specific offence of elder abuse. Instead, it seeks to create flexibility for the CBA in addressing any future Criminal Code amendments on elder abuse: the CBA would be able to respond favourably (or with more nuance) rather than being opposed (as per Resolution 11-10-A). For context, examples of possible Criminal Code amendments that may be proposed and which the CBA would be able to debate with this resolution may include: criminal negligence of long-term care homes/ providers, as well as the expansion of codes that may relate to older adults or support the prevention of elder abuse.

See rates of violence increase against older people Statistics Canada Report on Violence Against Seniors and Their Perceptions of Safety in Canada July 2022

See Commons Committee on Justice and Human Rights Report on Elder Abuse June 2021 recommending Criminal Code reform.

7. (i) Person moving Resolution:

Will be present at Annual Meeting: Yes ☒ | No ☐

Name: Graham Webb
Firm name: Advocacy Centre for the Elderly (CBA Elder Law Section)
Address: 1500-55 University Ave. Toronto, ON M5J 2H7
Telephone: (416) 598-2656 X 1230
E-mail: graham.webb@ace.clcj.ca

7. (ii) Person seconding Resolution:

Will be present at Annual Meeting: Yes ☒ | No ☐

Name: Nithila Murugadas
Firm name: NIKA LAW LLP, Mississauga
Telephone: (905) 602-7370
E-mail: nithila@nikalaw.com

7. (iii) Branch, Section, Committee or Subcommittee sponsoring resolution, if any:

CBA Elder Law Section

8. Branches, Sections, Committees or Subcommittees directly affected by implementation of this resolution:

CBA Elder Law Section, Criminal Justice Section