44th Parl. 1st Sess.
February 17, 2023 10:00AM
Mr. Speaker, I thank the member for Vancouver Centre for her bill.
Bill C‑295 seeks to amend the Criminal Code to create an offence for long-term care facilities, their owners and their managers to fail to provide necessaries of life to residents of the facilities.
Furthermore, it would allow the court to make an order prohibiting the owners and the managers of such facilities from being, through employment or volunteering, in charge of or in a position of trust or authority towards vulnerable adults. It would also allow the court to consider as an aggravating factor for the purpose of sentencing the fact that an organization failed to perform the legal duty that it owed to a vulnerable adult.
According to the logic in this bill, filling the Criminal Code with offenses is a way to help people. We will need to take the time to study this in committee.
In practical terms, this is what the bill would do.
Sections 214 through 320.101 of the Criminal Code constitute part VIII, which deals with offences against the person and reputation. First, Bill C‑295 would add two definitions to section 214 of the Criminal Code, namely, “long-term care facility” and “manager”, for the purpose of establishing the following criminal offences.
Section 215 pertains to duties tending to preservation of life. The following would be added after paragraph 215(1)(b): “(b.1) as an owner or manager of a long-term care facility, to provide necessaries of life to residents of the facility; and”.
Paragraph 215(2)(b) of the act would be replaced by the following: “(b) with respect to a duty imposed by paragraph (1)(b.1) or (c), the failure to perform the duty endangers the life of the person to whom the duty is owed or causes or is likely to cause the health of that person to be injured permanently.”
Subsection 215.1(1), pertaining to prohibition orders, would be added. This subsection would enable the court to issue a prohibition order against any person convicted under paragraph 215(2)(b). The order would prohibit the individual from “continuing any employment, or becoming or being a volunteer in any capacity, that involves being in charge of or in a position of trust or authority towards an adult who is vulnerable by reason of age, illness, mental disorder, disability or frailty.” The court would decide the duration of the prohibition order and the sentence. There is no maximum or minimum.
The order can be varied by a court on application of the prosecutor or the offender if the circumstances change.
Whoever fails to comply with the order could be subject to “an indictable offence and...imprisonment for a term not exceeding two years” or to “an offence punishable on summary conviction.”
Finally, the bill introduces sentencing factors for organizations. The act is amended by adding the following after paragraph 718.21(a): “(a.1) whether the organization was under a legal duty that was owed to vulnerable adults and failed to perform that duty”.
The Bloc Québécois believes that it is relevant to determine whether including criminal negligence of seniors in long-term accommodation in the Criminal Code will help them get the care and services to which they are entitled. Seniors have obviously been the biggest victims of the COVID‑19 pandemic. They were overrepresented in the number of deaths and they suffered and continue to suffer the most from the aftershocks of the virus: isolation, anxiety and financial difficulties.
It should be noted that Quebec has legislation on elder abuse and the abuse of any vulnerable adult. This legislation provides for fines and protects informants who report mistreatment.
The Bloc Québécois believes that the federal government is exercising its prerogatives through this bill. It would give investigators additional tools. The Bloc Québécois will take the time to study the issue in committee to assess the pertinence of the bill.
However, beyond prosecuting managers who may have committed or may commit criminal acts, it is important that our seniors receive services that improve their quality of life. In that regard, the Bloc Québécois wants to underscore the other important role the federal government must play in health care, that is, to increase health transfers to 35% of the costs of the system, rather than sign the bargain-basement deal that has just been reached.
Finally, the Bloc Québécois would like to point out that these horror stories are not to be used as a pretext for the federal government to impose national standards on long-term care facilities. I would remind the House that the Quebec National Assembly has unanimously denounced the idea of imposing federal standards on long-term care facilities and is demanding a much more substantial increase in health transfers than what is provided for in the deal this government has managed to force down the throats of the provinces.
On December 2, 2020, the minister responsible for seniors and informal caregivers moved the following motion:
THAT the National Assembly reject the Government of Canada's desire to impose Canadian standards in Québec CHSLDs and long-term care facilities for the elderly, as this falls under exclusive Québec jurisdiction;
That it express its disappointment that the federal government did not include an increase in health transfer payments in its last economic update, while the provinces must cover significant health spending costs in the context of the COVID‑19 pandemic;
That it call on the federal government to commit to not imposing Canadian standards in Québec CHSLDs and long-term care facilities for the elderly and to increasing health transfer payments to an amount equal to 35% of healthcare network costs.
I think it is worth revisiting this motion. The Bloc Québécois supports the unanimous position of the National Assembly and condemns the centralizing vision that pervades the House.
I also want to remind the House that Quebec has already come up with solutions. In her report of November 23, 2021, the Quebec ombudsman identifies shortcomings and recommends measures that the Government of Quebec needs to take to ensure that this never happens again. For example, the report suggests a risk assessment and management policy, a detailed plan for strengthening long-term care homes' capacity, a personal protective equipment supply strategy, a Quebec plan for deploying emergency personnel, protocols for deploying extra staff under exceptional circumstances, a Quebec strategy for combatting labour shortages, updated computer systems, a national action plan developed by the Quebec department of health and social services to recognize the complexity of care and service provision in long-term care homes, the adoption of legislative measures that define the guiding principles that must be followed regarding living environment quality and organization, and the establishment of the procedure for applying them by regulatory means.
Quebec already has ideas for fixing this situation. The federal government knows nothing about the reality on the ground or about these specific hospital settings, so it is not likely to be able to improve things.
In response to this report, the Government of Quebec presented its plan for reforming the health care system. The plan includes an array of measures such as large-scale recruitment, better access to data, the construction of new hospitals, and increased accountability for executives.
Additionally, the coroner is still investigating, and some people are calling for a public inquiry into the situation at long-term care facilities. In any case, it is up to Quebeckers to take stock of the situation and to fix their system. The problems are not going to be fixed by the federal government blundering in with its standards, unwanted and unwelcome.
If the federal government truly wants to help the provinces and Quebec emerge from the pandemic and provide better care to our seniors, it should stop being so paternalistic. I hope that this know-it-all government has understood that. It should forget about imposing federal nationwide standards that are not a good fit for a range of different social and institutional contexts. It should actually increase health transfers, which would enable Quebec and the provinces to attract and retain more health care workers.
Unfortunately, the Liberals are pleased as punch to have shortchanged the provinces by offering them six times less than they said was needed to get the health care system working properly. These Liberals are puffed up with pride at the cheap deal they scored, but the problems and hardships in hospitals and long-term care homes will continue because of the government's negligence.
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Mr. Speaker, today I rise to talk about Bill C-295 and the new offences it would create in cases of neglect of seniors. The neglect of seniors and vulnerable people is a serious problem in Canada, and abuse is endemic.
Ensuring the protection of vulnerable seniors is a very personal matter for me. My grandfather and his companion were defrauded by a caregiver. They were vulnerable seniors who were victimized by an individual who they had every reason to believe they could trust. The circumstances are sadly familiar to thousands of other families who have endured senior abuse. They spent the final months of their lives worrying about money.
My grandfather's companion of nearly 30 years not only endured my grandfather's final months of illness and death, but also feared confrontation with the individual who defrauded them and remained in their neighbourhood. She worried about running into her at the grocery store or other places. My grandfather, who was 90 years old and in ill health at the time, did not live long enough to see justice done.
The police did not treat the case as a priority despite the case being relatively simple and straightforward. There was a poster in the police station that invited members of the public to report situations of abuse. The public communication around this problem is that it is a problem and should be reported to police, yet the police are slow to act and did not act within my grandfather's remaining time alive.
My grandfather was luckier than many. He had the support of family and was not ruined financially by the fraud. The particular fraud was not sophisticated and it was detected. Eventually, charges were laid and an arrest was made. He was not injured in body and was not denied physical care, but he was a vulnerable person like so many other Canadians.
I thank the member for drawing attention to the issue of vulnerable Canadians through this private member's bill. This bill is welcomed.
Sadly, neglect does not only occur in institutional settings, but this bill would address issues where neglect within institutions occurs by making changes to the Criminal Code that would hold operators and managers of such facilities to account when they neglect to provide the necessities of life to people in their care. I think all Canadians would agree that this level of neglect is a criminal matter and ought to be a criminal matter.
This bill would also allow courts to make an order prohibiting persons charged with certain offences from working in proximity to vulnerable Canadians. That is a good step forward as well.
There is so much that could be done. With private member's bills, we are very limited in what we can do with the one chance we get if we draw a low number for Private Members' Business. I certainly do not blame the member for all the things her bill does not do. However, there are many problems that need to be addressed, including fraud, emotional abuse, violence against seniors, abuse, neglect and other harms that occur outside of institutional settings. These are pressing issues the government needs to deal with.
I am disappointed by the government in this case. It has taken a private member's bill to make any headway on this issue, despite the Minister of Justice's own mandate letter, which calls upon him to take action. His mandate letter calls upon him to finalize a proper definition for “elder abuse”. It calls upon him to get better data on this problem and to establish new offences and penalties. He has not done so. This bill from a private member will, but the government, which has said this is a priority, has failed to do so.
The bill would actually fulfill a piece of the Conservative platform that my colleagues and I were elected on, so I certainly support the member in this. It does not matter to me who gets credit in this kind of thing. We want to improve the lives of Canadians, and that is what we can often do in Private Members' Business, so I support her efforts, but I am disappointed in the government for its lack of progress in this area.
We have a minister who was tasked with this, and I wish he had spent more time on protecting vulnerable Canadians than he has on expending enormous effort on Bill C-21, where the Liberals have had to backpedal on those amendments they put forward at committee. There was Bill C-5 that the minister put forward, which would actually weaken penalties and sentencing for violent crimes and other crimes.
Therefore, it is disappointing that we do not have a minister who will take this seriously, but fortunately we do have a private member who is taking a positive step forward.
We know the vulnerabilities of seniors in institutional care, like the vulnerability to neglect. This was all laid bare during the pandemic. We heard other members comment on this. The abandonment of vulnerable seniors, the failure to supply the necessities of life to seniors, is appalling. It was appalling to many Canadians, so action needed to be taken.
It is outrageous, really, that the Canadian Armed Forces would be called in to provide care in seniors facilities. That is not the purpose of our armed forces. That is not something we would normally think of in terms of aid to civilian authority by the Canadian Armed Forces. We are thankful for their ability and the work they did, but what a failure it was, down to an individual level in some cases, and certainly a failure of the management of facilities to ensure that vulnerable Canadians are able to get the necessities of life.
On the data, the minister's own report says there is an enormous gap and a failure to understand the extent and patterns of types of abuse, but Statistics Canada knows a bit about that. It says that between 2014 and 2019 the rate of violence against seniors grew faster than for any other age cohort, so we know that violence against seniors is on the rise. We know that fraud among seniors is on the rise.
I support what this member is doing with her bill. I am glad that this House is now taking time for us to give public voice to the vulnerable and to ensure that, I hope, fewer families and fewer seniors spend their final months as victims of crime. With that, I thank the member for her private member's bill.
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Mr. Speaker, I am very happy to be here today as the seniors critic for the NDP to talk about Bill C-295, an act to amend the Criminal Code targeted at neglect of vulnerable adults.
This bill would do two things. First, it would amend the Criminal Code to create a specific offence for long-term care facilities, their owners and managers to fail to provide the necessaries of life to residents of the facilities. Second, it would allow the court to make an order prohibiting the owners and the managers of such facilities from being, through employment or volunteering, in charge of or in a position of trust or authority towards vulnerable adults and to consider as an aggravating factor for the purpose of sentencing the fact that an organization failed to perform the legal duty that it owed to a vulnerable adult.
I am going to be in support of this bill. We saw dreadful outcomes during the pandemic. So many seniors across this country faced challenges that we cannot imagine and then there were deaths beyond our imagination. It is really important, as we remember this time, to remember the men and women in uniform who serve this country, who were sent in to some long-term care facilities and saw things they were horrified to see in their own country.
It is really important to understand that when we ask those in our military to step up for us, they are used to stepping up outside of our country in these kinds of circumstances. They were in this country and saw seniors who had died just because of neglect, because they were dehydrated. This is Canada and that should never happen. Those folks did a huge service to us, something I hope they never have to do in their own country again.
It is also important to point out that the vast majority of seniors never enter long-term care. That is important. I hear from the Seniors Advocate in British Columbia all the time that we should remember most people stay at home and that is where they end their lives. However, when seniors move into such facilities, families and loved ones need to know those people are safe and that standards are in place, something they can put their trust in.
We know that sometimes families move their loved ones to be closer to them from one province or territory to another. What is surprising is that the standards are different in each part of this country, which really leaves increased vulnerability. I appreciate that the government did table some long-term care standards, but the thing that was terrifying to me is that they are voluntary. A lot of good work was done in looking at those standards, making sure they made sense for long-term care, and now we see that they are voluntary.
This worries me because it provides a huge risk to seniors and the people who love them most. Again and again, we see loved ones doing the best that they can. If they live far away or there are any kinds of challenges, knowing that their loved one is in a long-term care facility and not getting the support that they want makes people feel ill.
I am going to quote something important by Candace Rennick, CUPE's national secretary-treasurer, who said:
Voluntary standards did not protect the 17,000 residents of long-term care homes who have died so far because of COVID-19. Canadians want better protections for seniors. This country needs standards that are backed by the force of law. People need to know that their loved ones will spend their last days living with dignity and respect. They need to know that there will be penalties and consequences for long-term care service providers that don’t follow the rules.
If all we have in this country is a national voluntary standard, there will never be the level of accountability that I think Canadians want to see.
This bill would amend the Criminal Code, but I am afraid that it will not do all that it must to protect seniors. We need more long-term support for them and a practice of having more accountability. What this really means to me is that when seniors die in this situation, there need to be actual charges laid, and we are not seeing that. We are seeing families taking on long-term care facilities, and that is not right. There needs to be a process and we need to start having charges laid. That is a real deterrent.
Graham Webb, executive director and former staff lawyer of the Advocacy Centre for the Elderly, has called the Criminal Code amendments “a very viable approach”. However, he said, “I'm really not aware of a single charge ever having being laid for the neglect of a long-term care resident. I think it’s important that the criminal justice system is able to respond when we see such flagrant cases of institutional abuse and neglect of older adults.”
I think that is startling. Even if we see a minor change to the code, it is still not fulfilling the other end, which is the actual movement toward laying those charges and holding people accountable.
Members know just as well as I do that when people are held to account, other people observing start paying attention. I think it is shameful that in this country seniors are so vulnerable that they can be sacrificed without a thought. They built our country. We owe them so much more, and we owe them dignity.
One of the things I found particularly painful in my role as the seniors critic is how many people with loved ones in a seniors facility have come to my door and talked about how hard they worked to try to look after them. They could not always be there the way they wanted to, because they had to work or because they had children. Then, when they went to visit, they saw things that horrified them, and they fought in that system the best that they could and with everything they had. Now that their loved one is gone, the pain is so raw that they do not want to talk about it because of the guilt they feel. They feel guilt because our system is broken. That is wrong, and that is why we must fix this.
To me, it goes back to the simple reality that we need to see the long-term care standards in legislation. We need to raise the bar. I get that every province and territory wants to do their own thing. I respect that, but let us make this the bar. If any province or territory wants to be higher than that bar, good for them. Let us make sure that no senior in all of Canada falls below it. Let us make sure that no family is in a position that they would think of moving their loved one from one province to another, simply so that they get better care. That is ridiculous.
I think Canadians need to listen to those on the front lines. For example, Natalie Mehra, executive director of the Ontario Health Coalition, noted that there has been “no consequence whatsoever” for the abuse and neglect that was exposed during the pandemic, or for the needless deaths of residents due to poor infection control and non-COVID-19 reasons, such as dehydration and starvation. How could a senior be starved to death in this country? This is Canada. She further noted, “I think we need to search our conscience if the lives of the elderly are not worth a formal government bill and real change with teeth.”
As we vote on the bill before us, which hopefully people will support because it is a small change in the right direction, I hope we all think about our commitment to the people who built this country. Those people are increasingly vulnerable as they age. Think about the hard-working families who are doing everything they can to support that loved one. Think about the fact that we still do not have legislation that has teeth so that we can make sure to support seniors as they age.
In closing, as a person who represents a rural and remote community, we also have to recognize that those in small communities often see their loved ones go far away to get long-term care. They have to travel a great distance, which means they cannot be with them. Let us all fight to make sure that wherever one's loved is, they are safe.
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