The law does not have a specific area dedicated to protecting the elderly in a way that equates to the difficulties and injustices faced by the elderly(“A Practical Guide to Elder Abuse and Neglect Law in Canada”,2011, 9). After a certain age all citizens are treated the same and certain meta rules apply to all, such as a law being unenforceable if it isn 't made known to the authorities(“A Practical Guide to Elder Abuse and Neglect Law in Canada”,2011, 9). In many cases the elder either has no way of making their struggle known to the people who can help, they aren 't taken seriously by the people who should be helping, or in especially extreme situations the abuser is also the one caring for them and they 're worried about how they will survive without that care(“A Practical Guide to Elder Abuse and Neglect Law in Canada”,2011, 9). People who commit abuse against elders are with crimes that fall under things as “physical assault, sexual assault , uttering threats, unlawful confinement, failing to provide the necessaries of life, theft, fraud”(“A Practical Guide to Elder Abuse and Neglect Law in Canada”,2011, 9). The issue with the law and prosecuting people who are involved with elder abuse is that “No Canadian law that applies to abuse or neglect applies exclusively to people over 65 years of age.
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In this sense there is no such thing as an “elder abuse law” in Canada.”(“A Practical Guide to Elder Abuse and Neglect Law in Canada”,2011, 16). And in some provinces in Canada such as Saskatchewan “There is no general duty to respond to abuse of older adults in Saskatchewan”(“A Practical Guide to Elder Abuse and Neglect Law in Canada”,2011, 23). This means that people may be witnessing but do not feel obligated to contact authorities mainly because it isn’t even seen by the law or a civic duty in some areas(“A Practical Guide to Elder Abuse and Neglect Law in Canada”,2011, 16). The area surrounding what constitutes to elder abuse is still very unclear, most people only, “ recognize the following types of abuse: (1) physical abuse, which includes acts done with the intention of causing physical pain or injury; (2) psychological abuse, defined as acts done with the intention of causing emotional pain or injury; (3) sexual assault; (4) material exploitation, involving the misappropriation of the elder’s money or property; and (5) neglect, or the failure of a designated care giver to meet the needs of a dependent old person.”(Lachs and Pillemer 2004,1264). While in a province like Saskatchewan the definition of the law states that elder abuse is “any intentional or reckless act or omission that causes bodily harm or damage to property; any act or threatened act that causes a reasonable fear of bodily harm or damage to property; forced confinement; or, sexual abuse”(“A Practical Guide to Elder Abuse and Neglect Law in Canada”,2011, 23). Although they share some similarities it is necessary to have one defining law covering all forms of abuse, in a clear direct fashion. This would avoid the confusion in society of what constitutes to elder abuse as opposed to regular abuse. It would also create awareness and rules surrounding reporting and the necessary next steps when elder abuse is experienced and witnessed. “Mandatory reporting of elder abuse raises ethical concerns and is not of clear benefit. Patients ' refusal to accept intervention is a significant barrier to elder abuse prevention. Mandatory reporting may infringe on competent adults ' autonomy and privacy”(Kleinschmidt.1997, 465). It is reasoning like this that makes it hard to decide whether to go to authorities and report the injustice being witnessed. It is especially difficult for health care professionals, which in "a 5-year review of reports of suspected elder abuse in Michigan showed that the reporting was done by people in the community in 41% of cases, by non-physician health care providers in 26%, by social and mental health providers in 25%, by law enforcement officials in 5%, and by physicians in just 2%”(Kleinschmidt.1997, 463).This goes to show that many health care professionals and law enforcement are statistically less likely to report these acts of injustice. The victims are also very reluctant to go forward and share their experience in fears of the repercussions because “Victims may also fear that losing a caregiver will result in
In this sense there is no such thing as an “elder abuse law” in Canada.”(“A Practical Guide to Elder Abuse and Neglect Law in Canada”,2011, 16). And in some provinces in Canada such as Saskatchewan “There is no general duty to respond to abuse of older adults in Saskatchewan”(“A Practical Guide to Elder Abuse and Neglect Law in Canada”,2011, 23). This means that people may be witnessing but do not feel obligated to contact authorities mainly because it isn’t even seen by the law or a civic duty in some areas(“A Practical Guide to Elder Abuse and Neglect Law in Canada”,2011, 16). The area surrounding what constitutes to elder abuse is still very unclear, most people only, “ recognize the following types of abuse: (1) physical abuse, which includes acts done with the intention of causing physical pain or injury; (2) psychological abuse, defined as acts done with the intention of causing emotional pain or injury; (3) sexual assault; (4) material exploitation, involving the misappropriation of the elder’s money or property; and (5) neglect, or the failure of a designated care giver to meet the needs of a dependent old person.”(Lachs and Pillemer 2004,1264). While in a province like Saskatchewan the definition of the law states that elder abuse is “any intentional or reckless act or omission that causes bodily harm or damage to property; any act or threatened act that causes a reasonable fear of bodily harm or damage to property; forced confinement; or, sexual abuse”(“A Practical Guide to Elder Abuse and Neglect Law in Canada”,2011, 23). Although they share some similarities it is necessary to have one defining law covering all forms of abuse, in a clear direct fashion. This would avoid the confusion in society of what constitutes to elder abuse as opposed to regular abuse. It would also create awareness and rules surrounding reporting and the necessary next steps when elder abuse is experienced and witnessed. “Mandatory reporting of elder abuse raises ethical concerns and is not of clear benefit. Patients ' refusal to accept intervention is a significant barrier to elder abuse prevention. Mandatory reporting may infringe on competent adults ' autonomy and privacy”(Kleinschmidt.1997, 465). It is reasoning like this that makes it hard to decide whether to go to authorities and report the injustice being witnessed. It is especially difficult for health care professionals, which in "a 5-year review of reports of suspected elder abuse in Michigan showed that the reporting was done by people in the community in 41% of cases, by non-physician health care providers in 26%, by social and mental health providers in 25%, by law enforcement officials in 5%, and by physicians in just 2%”(Kleinschmidt.1997, 463).This goes to show that many health care professionals and law enforcement are statistically less likely to report these acts of injustice. The victims are also very reluctant to go forward and share their experience in fears of the repercussions because “Victims may also fear that losing a caregiver will result in