Canadian Centre for Elder Law A Practical ... - Your Legal Rights

!Exploitation covers mistreatment of an older person who is both:• vulnerable; and• dependent on others to meet basic needs.An older person could be vulnerable for a variety of reasons, such as physical disability orfrailty, psychological dependency or social factors such as isolation.3. Principles and ValuesThe Preamble of the Charter states:WHEREAS every human being possesses intrinsic rights and freedoms designed toensure his protection and development;Whereas all human beings are equal in worth and dignity, and are entitled to equalprotection of the law;Whereas respect for the dignity of human beings, equality of women and men, andrecognition of their rights and freedoms constitute the foundation of justice, libertyand peace;Whereas the rights and freedoms of the human person are inseparable from therights and freedoms of others and from the common well-being;Whereas it is expedient to solemnly declare the fundamental human rights andfreedoms in a Charter, so that they may be guaranteed by the collective will andbetter protected against any violation.4. Responding to Elder Abuse and NeglectSection 48 of the Charter reads:48. Every aged person and every handicapped person has a right to protectionagainst any form of exploitation.Such a person has a right to the protection and security that must be provided tohim by his family or to persons acting in their stead.There is no obligation in Québec law to report abuse of older adults. Under the Charter(art. 74) a person or organization who witnesses abuse may file a complaint with theCommission des droits de la personne et des droits de la jeunesse [the Commission].The Commission may also initiate its own investigations. If a group of older adults havebeen exploited under similar circumstances, they may file a group complaint (art. 74)In 2010 the Commission put in place a specialized elder abuse team.! "#!