ELDER LAW
Introducing the New “Practical Guide to Elder Abuse and Neglect Law in Canada”
D
o you have a duty to report abuse and neglect of older people when you notice it in your client relationships? What if you see elder abuse in your community or you think another professional is taking advantage of an older person? Should you report those situations? If so, where do you report abuse?
Krista James
to Elder Abuse and Neglect Law in Canada to address the confusion about the law. In April 2021, we launched a new and improved version of the Practical Guide in the form of a searchable website with printable units. This article will review the central features of the new website and describe key aspects of BC’s elder abuse legal framework.
The Canadian Centre for Elder Law developed the Practical Guide Volume 31, Number 1, Spring /Summer 2022
• Adult protection legislation (if it exists in that jurisdiction) • Remedies available under family violence legislation • Rules related to abuse occurring in long-term care • Privacy law, confidentiality, solicitor client privilege, and their impact on elder abuse response
Elder abuse response is complex because the appropriate action depends on the older person’s unique circumstances, who is hurting the individual, and perhaps most important what the older person wants. Your obligations and options will depend on the location where the abuse occurred and the nature of your professional relationship with the older person. Consequently, elder abuse law and policy can be challenging to understand and apply. Options and obligations are spread out among various laws and policies; each province and territory in colonial Canada has come up with a unique mix of legislation to address elder abuse.
on relevant aspects of law and policy in each of the provinces and territories. Each module covers the following.
• Abuse and neglect reporting responsibilities unique to specific professional groups • Aspects of employment law, such as family violence leave provisions The modules review definitions of abuse and violence that form part of each statute to clarify the kinds of elder abuse or neglect, such as financial abuse, emotional abuse, or physical abuse, that point to options for response under each statute.
The New Website www.ccelderlaw.ca 1. Modules on the Law in Each Province and Territory The Practical Guide website contains a comprehensive module The Scrivener | www.bcnotaryassociation.ca
Each jurisdictional profile also summarizes all the various financial substitute decisionmakers in that province or territory, the powers and duties they have, and how to challenge their authority if they appear to be abusing an older person or their authority as substitute decision-maker. TABLE OF CONTENTS
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