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

!Martha regularly dressed and fed her husband in the mornings. Sometimes frustrated withhis lack of mobility, Martha would grab his right arm and forcefully pull him from thebedroom to the kitchen.• non-consensual sexual contact: forcing someone to participate in sexual activity ormaking inappropriate sexual comments.A nurse would often make inappropriate comments to Walter, particularly when dressinghim in the morning and prior to bathing. Walter complained about the comments toanother staff member, saying he felt degraded.• threats of harm: saying or doing something that causes fearAlek would often tell his mother that one day he would “teach her a lesson”, “get rid ofher” or “lock her away for the rest of her life”.• harassment: intimidating or threatening someone; bullying; degrading commentsKatya regularly told her father that he was “just a stupid old man” and threatened toprevent the grandchildren from visiting him.C. Elder Abuse and the LawThis section outlines some general things you need to know about laws that apply to elder abuseacross Canada. In Section D, Elder Abuse in Your Region, we provide snapshots of the lawfor each province and territory in Canada.5. Is elder abuse and neglect a crime?Sometimes, elder abuse and neglect can result in criminal acts.The Criminal Code 1 applies to all adults, regardless of the age of the victim. There is no specificcrime of “elder abuse.” People who commit crimes that involved elder abuse are charged withcrimes such as:• physical assault (s. 265)• sexual assault (s. 271)• uttering threats (s. 264.1.)• unlawful confinement (s. 279)• failing to provide the necessaries of life (s. 215)• theft (s. 334)• fraud (s. 380)Under the Criminal Code (s. 718.2(a)(i)), if a person has victimized an older adult, a judge mighttake the age of the victim into account when making a sentencing decision. If a person who has!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!1R.S.C. 1985, c. C-46.! "!