OCSCO
Elder Abuse Symposium
June 11, 2013
PC Patricia Fleischmann
Toronto Police Service DPSU
Abuse & Neglect of Vulnerable Persons:
A Law Enforcement Perspective
• demographics
• life style choices
• effects of abuse & neglect
• overlooked family violence victim
• community - based policing
PC Patricia Fleischmann
Toronto Police Service DPSU
Why the concern about
“vulnerable persons?”
• harm caused to a person over the age of
65 yrs by some one in a position of trust
or authority
TPS
PC Patricia Fleischmann
Toronto Police Service DPSU
Elder abuse
• abuse/violence is used to intimidate,
humiliate, coerce, frighten or simply,
make the victim feel powerless
PC Patricia Fleischmann
Toronto Police Service DPSU
Trust & authority:
power & control
• Criminal Code of Canada
• Homes for Special Care Act
• Substitute Decisions Act
• Health Care Consent Act
• Mental Health Act
• Residential Tenancies Act
• Coroner’s Act
• Developmental Services Act
• Long-Term Care Homes
• *Retirement Homes Act (RTA still applies)
PC Patricia Fleischmann
Toronto Police Service DPSU
Legislation
• theft
• theft by person holding power of attorney
• destroying documents of title
• credit card offences
• fraud/false pretences/forgery
• false statement in writing
• breach of trust
PC Patricia Fleischmann
Toronto Police Service DPSU
Criminal Code:
financial crimes
• invasion of privacy
• criminal harassment
• indecent/harassing telephone calls
• uttering threats
• intimidation
PC Patricia Fleischmann
Toronto Police Service DPSU
Criminal Code:
psychological crimes
• assault (with weapon)
• sexual assault (with weapon)
• sexual exploitation of persons with a
disability
• poison
• kidnapping/forcible confinement
• torture
• murder/manslaughter
PC Patricia Fleischmann
Toronto Police Service DPSU
Criminal Code:
physical crimes
• failing to provide the necessaries of life
• death/bodily harm by criminal negligence
PC Patricia Fleischmann
Toronto Police Service DPSU
Criminal Code:
neglect crimes
Capacity:
• ability to (1) understand relevant
information & (2) appreciate the
reasonably foreseeable consequences of
making or not making a decision (as it
pertains to property or personal care decisions)
PC Patricia Fleischmann
Toronto Police Service DPSU
Substitute Decisions Act
• a person incapable of managing
their day to day affairs, thus
making them vulnerable to abuse
TPS
PC Patricia Fleischmann
Toronto Police Service DPSU
Incapable person
• many older adults:
• minimize the abuse…
• rationalize the abuse…
• deny the abuse…
• are resigned to the abuse…
• do not recognize it as abuse…
• are unable/unwilling to report the abuse…
• have no one to advocate on their behalf…
• the best victim is one who cannot speak or,
one who will not be believed…
PC Patricia Fleischmann
Toronto Police Service - DPSU
Why do ‘victims’ of elder abuse
fail to report?
• exact location & address history
• caller identity & status
• nature of incident
• need for EMS (ambulance)
• suspect information
• weapons
• children present
• court orders
PC Patricia Fleischmann
Toronto Police Service DPSU
Calls for police service:
general information
AT & T Language Line Service:
• interpreting assistance line
• no limit to languages
• primarily 9-1-1 calls
• conference calls to determine situation
PC Patricia Fleischmann
Toronto Police Service DPSU
Calls for police service:
Communications Centre
Multilingual Community Interpreter
Service (MCIS):
• specifically directed at victims of
domestic violence & elder abuse, not
accused persons
• MCIS usually instituted by officer o/s
• 450+ interpreters – 96 languages
PC Patricia Fleischmann
Toronto Police Service DPSU
Calls for police service:
at scene
• all calls attended in person by officer
• consideration/accommodation for special
needs
• report submitted
• TPS procedure: Abuse of Elderly or
Vulnerable Persons, etc.
• criminal or civil matter?
(appropriate follow-up)
PC Patricia Fleischmann
Toronto Police Service DPSU
Calls for police service:
general information
• emergency call (police, fire, EMS):
investigation/report
• non - emergency call:
investigation/report or provide
information/referral
• TPS procedures: CCC arrest, MHA
apprehension, report, referral,
follow-up…
PC Patricia Fleischmann
Toronto Police Service DPSU
Calls for police service:
general information
• CIB: investigative follow-up
• CRO or CPO visit/follow-up/meeting
• DPSU: resource/referral, staff
presentation, committee, initiative or
meeting…
PC Patricia Fleischmann
Toronto Police Service DPSU
Calls for police service:
general information
• Domestic Violence: (mandatory)
• Abuse & Neglect of Older/Vulnerable
Persons: (procedural)
• police will lay charges where there are
“reasonable grounds” to believe that an
offence was committed
PC Patricia Fleischmann
Toronto Police Service DPSU
Charge policy
• criminal matter: keep the victim updated
regarding case status, charges, arrests, court
dates, release conditions…
• if required to testify, explain criminal court
process & offer appropriate court preparation
• make certain victim has police contact info
• if the victim is “at risk,” ensure community
supports are in place, safety plan
PC Patricia Fleischmann
Toronto Police Service DPSU
Police responsibility to victim
• investigation/enforcement
• education/empowerment
• increase awareness of resources
• provide access to network of social
services & community agencies
• *response: criminal or civil
PC Patricia Fleischmann
Toronto Police Service DPSU
Duties of police
• Who: Communications Centre, specialized
unit, local division or individual officer
• When: to report (suspected) criminal
matter or suspicious/unusual occurrence
or, need answer to question or, discuss
concern or pressing issue
• Why: to advise, for information or
clarification
• How: emergency 911,
non- emergency (416) 808-2222
or direct #
PC Patricia Fleischmann
Toronto Police Service DPSU
Calls for police service:
general information
• the abuser to stop the violence,
exploitation, or neglect
• safety, shelter & access to financial
resources
• home support services so they are
not dependent on the abuser or,
housing options to meet their
needs
CLEO
PC Patricia Fleischmann
Toronto Police Service DPSU
What do victims of
elder abuse need?
• emotional support, counselling
& greater links to the community
• information about the law & the criminal
justice system, especially about what
is likely to happen to their abuser
if it is a family member
CLEO
PC Patricia Fleischmann
Toronto Police Service DPSU
What do victims of
elder abuse need?
• education
• safety plans
• home visits
• in-depth assessment/interview
• co-ordination with other services
• contact with other family & friends
• arrest & charge (police)
PC Patricia Fleischmann
Toronto Police Service DPSU
Possible interventions
• education/empowerment
• increase awareness &
availability of resources
• legal responsibility/ethical
obligation
• no excuse not to do the right thing…
PC Patricia Fleischmann
Toronto Police Service DPSU
Community role
• Domestic Violence IS a crime &
is preventable
• Elder Abuse may NOT always be a CRIME:
nonetheless, it is morally reprehensible
& its effects, devastating
PC Patricia Fleischmann
Toronto Police Service DPSU
Community role
Guiding principle:
“Aging with dignity, honour and respect.”
Arlene Groh
PC Patricia Fleischmann
Toronto Police Service DPSU
Course of action?
• abuse is not ok
• abuse is not normal
• something can be done to stop abuse
• help is available
• planning ahead can prevent abuse
Preventing Abuse of Older People
PC Patricia Fleischmann
Toronto Police Service DPSU
So, remember…
investigation of a criminal offence:
• MCIS (Multicultural Interpreter Services), if
language is an issue
• ‘abuser’ is taken to police station for further
investigation
• ‘victim’ may be asked for a video taped
statement of the incident (will be asked to
attend station)
• severity of the offence determines if the
“accused” is released with “conditions” from
the police station or held until next day for
court
PC Patricia Fleischmann
Toronto Police Service DPSU
From incident to arrest
• if released with conditions, offender MUST
obey them
• with any breaches of these conditions the
offender is arrested again & is NOT released
• this charge is more serious than the original
offence
• the offender must have a lawyer to represent
them in court
PC Patricia Fleischmann
Toronto Police Service DPSU
What happens next?
• crown attorney will direct questions to
the victim & other witnesses
• defence lawyer will ask questions of the
victim & witnesses
• defence may apply for victim’s records &
use these to discredit victim
• offender may try to use excuses at trial
(i.e. drunk, provoked, self-defence, etc.)
• judge will decide on the outcome &
decide appropriate punishment
(sentence)
PC Patricia Fleischmann
Toronto Police Service DPSU
At court
• depends on seriousness of offence or if s/he
has a previous criminal record
• may get a “discharge” with or without
conditions
• If convicted: pay a fine, jail time, suspended
with specific conditions, house arrest,
restitution (pay back victim costs)
• could include probation for 1 yr. with conditions
(i.e. no alcohol, no contact, no weapons)
PC Patricia Fleischmann
Toronto Police Service DPSU
Sentencing
• Victim Support Line #(416) 314-2447
• “211” Community Information Line
• Advocacy Centre for the Elderly (ACE)
# (416) 598-2656
• Office of the Public Guardian & Trustee (OPGT)
#(416) 327-6348
• Ontario Network for the Prevention of Elder
Abuse (ONPEA) #(416) 916-6728
PC Patricia Fleischmann
Toronto Police Service DPSU
Community resources
• Seniors’ Safety Line #1-866-299-1011
• Senior Crime Stoppers #(416) 222-TIPS (8477)
• Services for Seniors #1-877-540-6565
• Seniors Crisis Access Line (SCAL)
(age-related mental health & addictions crises) #(416) 619-5001
• Victim Services Toronto #(416) 808-7066
• Victim Services Program #(416) 808-7066
PC Patricia Fleischmann
Toronto Police Service DPSU
Community resources
TPS resources
#911
#(416) 808-2222
• Vulnerable Persons Co-ord. #(416) 808-7040
http://www.torontopolice.on.ca/community/
PC Patricia Fleischmann
Toronto Police Service DPSU
• Emergency
• Non-Emergency
“How far you go in life depends on
your being tender with young,
compassionate with the aged,
sympathetic with the striving and tolerant
of those who are weaker than you because someday,
you will be all of these.”
George Washington Carver
PC Patricia Fleischmann
Toronto Police Service DPSU
A final thought
PC Patricia FLEISCHMANN
Toronto Police Service
416-808-7040
Facebook: Patricia Fleischmann
Twitter: @CaringCop
http://www.torontopolice.on.ca/community/elderabuse.php
PC Patricia Fleischmann
Toronto Police Service DPSU
Abuse & Neglect of
Vulnerable Persons:
A Law Enforcement Perspective