Some but not all abusive actions are defined as crimes. The Criminal Code of Canada describes the different offences that someone can be charged with if they are accused of abusive actions towards older adults. Offences cover physical and sexual abuse, chronic psychological abuse, neglect, loss of rights (under the Canadian Charter of Rights and Freedoms), theft, breach of trust and breach of power of attorney, extortion, false pretenses, fraud and intimidation.
What protection does the law provide?
In addition to the Criminal Code of Canada, there may be provincial statutes that protect you. The courts can impose penalties on people who break the law.
Because not all behaviour considered abusive falls under the Criminal Code, a range of resources and supports are necessary to be able to respond to cases of abuse. And while the definitions presented here are commonly accepted, definitions contained within legislation may vary. This may be important in determining what legal responses are available, and it emphasizes the need for a range of resources and supports.
Suing in Civil Court is also an option in some cases. You can sue the person who has abused you in the civil courts for compensation. If you have had property or money stolen, it might be appropriate to sue the abuser for damages for the amount of the loss or for restitution of the money or property (paying back what they took).
In some cases, mediation between the senior and the offender may be an alternative to a court process. Whether this might be appropriate depends on the circumstances. A lawyer can advise you. It is important to get reliable legal information and advice before starting a legal process. In addition, it is crucial to have efficient legal representation should you decide to follow any of the legal options mentioned above. It is important to consult a lawyer who is experienced in your specific area of concern. There are lawyers who have experience in criminal and civil matters, and some who focus on issues of Elder Law, such as wills, estates and powers of attorney.
What can I do if I am being financially abused?
If you are being financially abused, there are several things you need to know:
- You are not to blame.
- You do not deserve to be abused.
- You have a right to live without fear.
- You have a right to your own money and property.
- You have the right to a safe, healthy relationship and to have your own life.
- You cannot control the abuser's behaviour.
- Abuse often gets worse over time.
If you are not ready, or do not want to do anything right now, that is your choice—it is okay. There are specific actions you can take to stop financial abuse and prevent it from happening again.
You can talk to someone you trust – a friend, relative, clergy or health practitioner, or anyone else you trust. You can also call the police, a senior’s resource centre, crisis line, or legal information agency. Call the Seniors’ Secretariat for information on programs and services in your area.
You can revoke a power of attorney if it is being misused. This is a simple process, requiring a letter drafted by yourself or your lawyer. You will need to send a copy of the letter to your attorney, bank, credit card company and other places where you do business.
You can close any joint bank accounts that you have with the person who is financially abusing you.
You may be able to get a peace bond or restraining order to prevent the abuser from contacting you if you are in fear of the abuser. You have to go to court to get a peace bond.
You can report the abuse to the police, who will investigate to determine if the abuse is a crime, and will make recommendations about how to proceed. You may contact the police about whether the abuse amounts to a criminal offence.
A complete investigation can take considerable time, and there is no guarantee that you will recover any of your lost funds. Nevertheless, it is still important to report economic crime.
What can I do if someone I know is being financially abused?
In all cases of financial abuse, the first consideration should be for the well-being and rights of the senior. If an older person’s safety is in jeopardy, call the police. In other cases, it is important to consider the following:
The older person has the right to self-determination. If they are not ready, or do not want to do anything right now, that is their choice—it is okay. But you can provide information about what they need to know or what they can do if they decide to take action at a later date. Also, by being a good listener and respecting the older person’s wishes, you may ease the concerns of the older person.
In cases where financial abuse occurs at the same time as other forms of abuse and the person is determined to be an “adult in need of protection”, If you have information, whether it is confidential or not, indicating that an adult is in need of protection, you have a duty to report it.
How do I report financial exploitation?
The first step is to call the police. They will carry out an investigation and determine whether the activity is a crime as defined by the Criminal Code of Canada. If it is, the offender can be charged in criminal court and if found guilty of a crime, they will be subject to penalty. Penalties may include a fine, probation, restitution (paying back what they took), a discharge or imprisonment.
If an investigation determines the financial exploitation does not fall under the Criminal Code, you may still be able to sue for damages in civil court. You should consult a lawyer for advice. Not all abuse is a crime. Sometimes, cases can be resolved without going to court. A police investigation can act as a deterrent to the abuser and in some cases may be enough to stop the abusive behaviour. In other cases, a letter from the victim’s lawyer can also act as a deterrent.
Why is it important to get legal advice?
Getting legal advice is a worthwhile investment. Many people are reluctant to contact lawyers for help because they think it will cost too much, or they simply don’t know how to find one. Sound legal advice, particularly from a lawyer who deals with the growing field of Elder Law, can have many benefits. This may include reduced stress, a less complicated and speedier resolution to problems, and having someone who understands and has experience in similar cases. In addition, getting legal advice may help you avoid costly mistakes that can occur when trying to deal with things on your own.
