37th Parliament, 3rd Session
(February 2, 2004 - )

 [Parliamentary Coat-of-Arms]

Edited Hansard • Number 004

Thursday, February 5, 2004

PRIVATE MEMBERS' BUSINESS

    Hon. Diane Marleau (Sudbury, Lib.) moved that Bill C-439, An Act to establish the office of the Ombudsman for Older Adult Justice and the Canadian Older Adult Justice Agency and to amend the Criminal Code, be read the second time and referred to a committee.

 

[Hansard Pages – 236-237]

 Mr. Garry Breitkreuz (Yorkton—Melville, CPC): Mr. Speaker, I would like to express my appreciation to the member for Sudbury for bringing forth this issue.

    Reams and reams of paper come across my desk every week, but when I saw this bill, it tweaked my interest, so I requested to have a few minutes to speak on this. However, I have some questions.

    Maybe I will date myself by some of my questions and some of my thoughts as I go into this, but this is private members' business. We talk about things in private members' business and we raise issues that normally do not come across in Parliament. That is one of the reasons I appreciate this, and what we say does not reflect necessarily on our political party.

    When we were growing up, I remember that abuse of aging parents was virtually unheard. Grandparents and aging parents were very seldom sent off to homes pass away. Families, churches and charities looked after aging parents for as long as they were physically able to do so.

    The question I have is this. Because we are discussing the whole issue of abuse and taking care of elderly people, how can we maybe step back again and encourage families, churches and charities to once again assume a little more responsibility for this?

    I reflect on this and I wonder--and I do not know how to say this in a different way--if Liberal social engineering has diluted everyone in society into thinking government can solve all our problems. Does big government have to look after all this? Maybe this is not what the member is getting at, but we have a problem here. I know we have been taxed and we have a debt of half a trillion dollars now. Maybe we have removed the financial wherewithal from families, charities and other organizations in the community to do something about it.

    Would the member like to broaden the discussion in this way? I really appreciate the fact she has brought this forward, and these are some of my thoughts and questions as to whether another big government program would get at some of the root causes of this.

Mr. Garry Breitkreuz (Yorkton—Melville, CPC): Mr. Speaker, I thank the member for her answer to my question and I really would like to sincerely work on this issue. If this goes to committee, I hope I can be part of it, and I appreciate the opportunity she has given us to discuss this whole thing.

    Bill C-439 recognizes the fact that older adults are often vulnerable to exploitation, abuse and neglect. The principles of the bill include the prevention and treatment of this problem. It also includes, for the purpose of sentencing, the vulnerability of the older adult victim as an aggravating circumstance under the Criminal Code. These principles, I believe, are generally sound and worthy of support.

    Members of the official opposition have been very vocal on the protection of children under the law. It follows that we should be also protective of elderly people. We should invest in the just treatment of the elderly and in some cases an equally vulnerable group of people.

    However, the creation of a new government agency raises issues of cost and encroachment on provincial jurisdiction. I realize the member has talked about this and does not want to see this happen, but the overall objective of the bill is worth supporting. I want to underline that I am supporting the overall objective of the bill.

    However, I believe it may not be necessary for a new government agency to be established in order to achieve this objective. Before we could support legislation creating a brand new bureaucracy, members of Parliament would have to know exactly how the ombudsman proposed in the bill and the older adult justice agency would fit in with all of the other services provided for the elderly.

    For example, the federal government and the provinces have been working on this issue for a number of years. I would like to quote from a news release issued by Health Canada on June 27, 2002, following a meeting of federal-provincial-territorial ministers responsible for seniors. Item 4 in the release was specifically “Addressing Elder Abuse”. The minister stated:

 

    Research indicates that the abuse of older adults is a hidden problem as reported cases only represent the "tip of the iceberg". Older adults are often reluctant to report abuse due to fears of retaliation, shame, family loyalty, abandonment and institutionalization. Therefore, continuing attention to public education is important. Ministers have requested further analysis on existing elder abuse strategies and legislation across jurisdictions in Canada. The analysis will continue their collaborative efforts to address the safety and security needs of seniors by identifying priority strategic initiatives for potential action, for governments who so desire.

    I put that into the record because it appears that much of what is proposed in the private member's bill may already be being done. That does not mean that we should not discuss that here, but I think that we have to make sure that we are not duplicating things.

    Health Canada's division of aging and seniors provides federal leadership in areas pertaining to aging and seniors. The division serves as a focal point for information and the centre of expertise and some of its activities include:

 

--providing advice and supporting policy development; conducting and supporting research and education activities; encouraging innovative means of improving the health of seniors in situations of risk and in preventing situations of risk from developing; working and consulting with partners, including the provinces, territories, seniors organizations and other sectors; and encouraging communication and disseminating information; and providing operational support to the National Advisory Council on Aging.

 

 

    In executing all of its roles and responsibilities, the Division promotes the meaningful participation of seniors in federal decisions and activities that affect them.

    I would also like to quote again, this time from Health Canada's National Advisory Council on Aging. It has been operating for the last 24 years. Its stated purpose is to:

 

--to assist and advise the Minister of Health on all matters related to the aging of the Canadian population and the quality of life of seniors. These may be matters that the Minister refers to the Council or that the Council considers appropriate.

 

 

    The Council consists of up to 18 members from all parts of Canada and all walks of life. The members bring to Council a variety of concerns, experiences and abilities. Members are appointed by Order-in-Council for two to three-year terms, renewable once.

 

 

    Support for the Council's operations is provided by a team of federal public service employees located in Ottawa.

 (1755)  

    I have some questions for the minister and I do not know when she will have an opportunity to answer them. Would the National Advisory Council on Aging be replaced by the agency and ombudsman proposed in this older adult justice act?

    The National Advisory Council on Aging recently published an excellent eight page bulletin entitled “Hidden Harm: the abuse of seniors”. On page 8, it provides a list of toll free numbers in every province and territory advising where to get help for seniors experiencing abuse.

    Anyone listening to this debate today should be aware that there is some of this already. Hopefully the message will get out that if these abusive situations are taking place, people should already be seeking these numbers and they should be looking for assistance because there is some assistance already available.

    I checked out one of these, the province of Manitoba senior's directorate. It provides a senior's abuse line, a senior's information line and it also has a Manitoba Council on Aging. Many provinces have this. It is not clear to me how the ombudsman and the agency proposed in the bill would work with the existing provincial governments and agencies. Do the provinces support the creation of this agency? Will they help finance it? Will the new federal ombudsman and the agency fill a gap in services or will it duplicate existing services? I ask these questions because we all have to answer questions before we vote on a bill.

    I do not want to give the minister the impression that because I am asking these tough questions I am not concerned about elder abuse. The exact opposite is true. I realize that it is a severe problem and we need to deal with it. The statistics I have seen show the horror stories in the media and we all should be very concerned about it. However being concerned does not mean that we should automatically create another government agency or bureaucracy, unless we can show that bureaucracy will actually solve the problem. That is what I want to get at. We have to solve this very serious problem.

    We have all seen the problems we have got into by passing ill-considered legislation. You know, Mr. Speaker, the legislation we have passed since 1995. I have tracked it since then. We have spent a lot of money. It resulted in the creation of a huge bureaucratic boondoggle and we did not solve the problem of violence in our society. I want to make sure if we are to create some kind of agency, we do not go down that path again.

    We all want an agency that will actually result in a reduction in the number of incidents of elder abuse and see that this objective is accomplished in a cost effective manner. I am not convinced that what is being proposed here will produce the results. It will have to go to committee if we approve this.

    Again, I thank the member for raising this issue, one of the most important issues in the country. I look forward to working together with her on it. I think many members in our party will support this because it is something that needs to be investigated and it may need to go to committee to ensure that we get it right.