Laws that are most applicable to older adults and abuse can be found in a variety of statutes, both federal and provincial. The Constitution Act of Canada gives the federal government and provincial governments the power to make different laws according to the area that the law covers. For example, the federal government is given the power to make laws about currency and coinage, and the provincial government is given the power to make laws about taxes that are used for provincial purposes. Laws made by the federal government apply to the whole country whereas provincial laws apply only in a particular province.
Statutes are written laws that have been approved by the established legislative process. Federal statutes are referred to as Statutes of Canada. Provincial statutes such as that of the province of Alberta are referred to as the Statutes of Alberta. These statutes involve use of both the criminal and civil law. Criminal law is the branch of law that states what action is harmful to society and should be punished. Civil law is the branch of the law that deals with relationships and conflicts between particular individuals or companies.
A few provisions in law directly concern the well-being of older adults and others in vulnerable situations in society. Other helpful provisions are found in statutes that apply to all citizens.
Where an elderly person is being abused physically, financially, and sometimes psychologically the Criminal Code of Canada sets out offences that may include the actions being taken against the older adult. In order to take legal action against an offender, it is necessary to compile evidence and have the police formally charge the offender. If the accused person does not plead guilty, there would be a trial at which the older adult would likely give evidence. If the offender is convicted or released on bail, the courts can impose some restrictions on the offender regarding contact with the older adult. An elderly person can also request some restitution of goods or money as part of the sentence.
Civil law
Civil law is the branch of the law that deals with relationships and conflicts between particular individuals or companies. The civil law allows for legal action against another to recover compensation for damage or injury suffered. A civil action for compensation will only succeed if some damage can be proved to have occurred. In order to pursue a civil action for a physical injury, it is generally necessary to show that the injury occurred because of a civil tort. Torts are categories of legal action that have been established by the courts over many years and include assault, battery, trespass, and negligence. It is also possible to sue in the civil courts for breach of contract.
Civil action can be taken in Provincial Court, which in Alberta has an upper limit of claims worth $25,000, or in the Court of Queen's Bench. The process in Provincial Court is fairly informal, so that it is possible to go ahead without legal representation. Procedure in the Court of Queen's Bench is more detailed and may require the assistance of a lawyer.
Updated: October 20, 2003
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© Legal Resource Centre of Alberta Ltd. 2002
OAK-Net: Abuse of Older Adults
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