Two years after the government improved the law aimed at combating elder abuse, no criminal sanctions have been applied against private seniors’ residences (RPA) in Quebec, but investigations are underway.
Many residents suffer abuse in RPA, as evidenced by a recent study.
The study by researcher Mélanie Couture, holder of the Research Chair on elder abuse at the University of Sherbrooke, highlights testimonies from RPA residents and caregivers, specifically on abuse perpetrated by employees or managers.
As part of her research, she conducted individual and pair interviews with 12 residents and five caregivers who had difficulties with RPA managers in the Longueuil agglomeration.
Mme Couture identified different forms of mistreatment that they experienced. She cites in her study: showing up without warning in the accommodation; cause excessive pain during treatment; refuse to make changes to improve safety; prevent the resident from paying their rent in order to be able to evict them and deny them access to the RPA.
What surprised the researcher the most is that when residents dare to complain, there is retaliation from the organization to silence them and others. “I think it’s a major problem,” she laments.
It is also illegal according to the Act to combat mistreatment of seniors and any other adult in a vulnerable situation.
Since April 6, 2022, an organization is liable to a fine of $10,000 to $250,000 if it, its managers or its operator mistreat a person in RPA (article 21.1). The same sanctions apply if an organization retaliates or threatens retaliation against an individual who makes a complaint, makes a report, or cooperates in its investigation or treatment.
The Department of Health and Human Services has confirmed that no fines have been given to an RPA based on these criteria. In an email sent to The Canadian Press, he indicates that as of April 23, “no file has been submitted to the DPCP for the issuance of criminal sanctions.” He adds that several investigations are underway in connection with requests for criminal sanctions under article 21.1.
To date, no complaints have been filed regarding the part of the law relating to reprisals or threats of reprisals, specifies the ministry.
Housing crisis
Authorities are cautious about applying sanctions partly because of the housing crisis, says Ms.me Sewing. If an RPA closes its doors, residents must find new housing, a major challenge given that there is a glaring lack of housing and places in residence.
In this context, residents will remain in their RPA even if they experience forms of mistreatment. Moving also comes with stress and often more expenses, adds Mme Sewing.
She is not surprised that no sanctions have been applied for two years since she considers that this requires time to investigate. “Before the cases are public, there must still be files that are put together,” she said.
She adds that she wants more transparency and information about what is happening from the government.
The researcher also emphasizes that sanctions cannot be applied without a complaint and that this process remains unknown to seniors.
It is first necessary to demonstrate that there is organizational mistreatment following a complaint to the local complaints and service quality commissioner (CLPQS), explains the researcher. Without a complaint, the CLPSQ cannot investigate an establishment that would be problematic in the eyes of many residents.
“We cannot know the extent of a problem if no one says anything,” says M.me Sewing.
She specifies that the Elderly Adult Abuse Help line (1888-489-2287) is a first step for an elderly person who has experienced abuse. The people at the end of the line will be able to guide the person through their procedures if they wish to file a formal complaint.
Living environment committee
The new levers of the 2022 law on mistreatment also made it mandatory to create independent living environment committees which would play a role in identifying the needs of residents and monitoring potential situations of mistreatment.
The committee’s functions include, in particular, disseminating information on the rights and obligations of residents and providing, upon request from a resident, information useful for formulating a complaint to the CLPSQ or producing a request before the Administrative Housing Tribunal.
The ministry has indicated that it is up to the RPA to choose the way in which it will arouse the interest of residents in the establishment of the living environment committee in its RPA. The owner of the residence can, for example, inform residents in writing of their right to set up a living environment committee and invite them to participate in an information meeting.
“If no living environment committee is formed, the owner who has made reasonable efforts cannot be blamed,” specifies the ministry in writing.
The study by the Research Chair on Elder Abuse at the University of Sherbrooke recommends the application of sanctions provided for by law against offending establishments in order to support seniors who suffer from mistreatment. It also proposes better financing of other types of housing for seniors, notably non-profit organizations and housing cooperatives.
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reference: www.lapresse.ca