PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.
Some forms of abuse may fall under the Criminal Code. Saskatchewan also has a number of laws in place that are designed to protect older adults from different types of abuse.
There is no law that specifically makes abuse of older adults a crime. However, several forms of elder abuse may involve crimes. This includes assault, forced confinement, uttering threats, theft, fraud, forgery and extortion.
Neglect may also sometimes amount to criminal negligence. This can be the case if the behaviour involves a reckless disregard for another person’s life or safety. Failing to act when there is a duty to do so can also amount to criminal negligence.
When abuse or neglect involves criminal behaviour, the police can respond. They have the authority and the responsibility to investigate the matter.
If you have been abused or neglected, reporting it to the police may be an important part of protecting yourself. You can also do this if you suspect someone else is being abused or neglected. Reporting an incident to the police is one way of possibly preventing further abuse.
A person can report abuse to the police anonymously. The police may, however, ask for the caller’s name and phone number so they can get more information from the caller later. The person reporting the crime may also do so in person at the police station. Depending on the circumstances, the police may come to the victim or the victim’s residence. The person reporting the crime will normally be asked to give a full statement.
Once a crime is reported to the police, they will start an investigation. The police may need to talk to the person who reported the crime again during the investigation. They may also talk to other witnesses and collect evidence such as photos of injuries and medical reports.
It may be helpful for someone to note the badge number and contact information for the officer in charge of the investigation and the police file number. This makes it easier to get information about the investigation.
Although victims can and should be informed about what is happening, it is the responsibility of the police to investigate. They decide what, if any, further action to take. It can be safer and less stressful for the victim when they do not have the responsibility of deciding what should happen to the abuser. This way the abuser cannot pressure the victim to stop the investigation.
Detailed information about the court process, support from Victim Services, and possible outcomes is available here.
At the same time as reporting to the police, it is important to take other steps to deal with the abuse. For example, in situations of financial abuse, you could:
More detailed information is available about this Act under Abusive Relationships.
In Saskatchewan, The Victims of Interpersonal Violence Act can also protect older adults. It deals with violence and abuse by a family member or caregiver. A family member can be a spouse or adult child. It does not matter whether they live with the older adult or not. Under this law, the court may make certain orders aimed at protecting victims from their abusers. There are several orders that can be made under this law…
An emergency intervention order is made on an immediate basis. It can:
Police and crisis intervention workers can help victims apply for these orders.
A victim’s assistance order is designed to be used in non-emergency situations. In addition to the remedies listed above, an order may require the abuser to pay compensation to the victim or attend counselling. An order may also prohibit an abuser from dealing with a victim’s property.
A warrant for entry may be issued where there is cause for concern about a person who may be a victim and unable to act on their own. The warrant permits police to enter and search a place after access to a possible victim has been denied. A warrant allows police to examine or help a possible victim and remove them from the home if necessary.
Saskatchewan has other laws that can protect older adults and others from different types of abuse. For example...
The Powers of Attorney Act, 2002 has special provisions and restrictions on who can deal with a person's affairs under a power of attorney. The following people are not allowed to act as a power of attorney:
The Adult Guardianship and Co-Decision-Making Act has similar provisions and restrictions. Before the court appoints someone as a guardian or co-decision-maker, it will consider:
Special consumer protection legislation is in place to regulate marketing practices. This includes the sale of hearing aids and door-to-door sales, as well as a variety of other transactions. Consumer protection legislation protects all consumers. However, some of these laws will be of particular interest to older adults.
Laws and regulations are also in place that set standards related to caring for older adults in personal care homes and long-term care facilities. Most facilities will also have written policies in place regarding:
PLEA offers free online training on preventing and addressing workplace harassment.