The Charter of Human Rights and Freedoms prohibits the exploitation of the elderly

The Charter of Human Rights and Freedoms provides that every senior person has a right to protection against any form of exploitation.

The Charter is a law. Therefore, exploiting an elderly person illegal.

What is the exploitation of the elderly?

An elderly person may need protection against exploitation:

• if he or she is physically, psychologically, socially, economically or culturally vulnerable,
• or if he or she is dependent on someone else to meet his or her basic needs.

Exploitation means taking advantage of the vulnerability or dependency of an elderly person to deprive that person of his or her rights.

How do we know if an elderly person is victim of exploitation?

Exemples :

• if you see an elderly person who is being abused by a relative or caregiver;
• if you see an elderly person who is being prevented from receiving visitors, contacting friends and relatives or receiving the medical services required by his or her condition;
• if you see an elderly person who exhibits signs of physical violence;
• if you see an elderly person who seems to be afraid of a particular person;
• if you see an elderly person who is being forced, under threat, to sign cheques or give access to his or her credit or debit card;
• if you see an elderly person who is being forced to pay for services he or she is not receiving…

To contact the Commission

Please call 1 800 361-6477 and ask to speak with a member of the dedicated team.

Who can contact the Commission?

• If you are an elderly victim of abuse;
• any group seniors experiencing similar exploitation.

It may be impossible for a victim of exploitation to file a complaint, but other people can contact the Commission on his or her behalf, such as:

• any organization advocating rights and freedoms or dedicated to the wellbeing of a group of persons;
• anyone who witnesses a situation of exploitation such as a member of a family, a friend, a neighbour, a volunteer, or any other person.

The Commission may initiate its own investigation even when the alleged victim is unable to give his or her consent.

What can the Commission do?

As soon as the Commission has grounds to believe that an elderly person is victim of exploitation, it will quickly initiate an investigation.

The Commission can intervene directly to ensure the safety of the elderly and put an end to any situation involving exploitation. Moreover, it can turn to the courts, when necessary, to secure appropriate measures.

Emergency measures

Where the Commission has grounds to believe that the life, health or safety of an elderly victim of exploitation is at risk, or that evidence may be lost, it may ask a court order an emergency measure.

Protection against reprisals

The Charter formally prohibits reprisals against individuals, groups and organizations involved in a Commission investigation as victims, complainants, witnesses or in any other capacity.

Please do not hesitate to call the Commission if you believe you have been the victim of reprisals. The Commission can ask a court to put an end to these reprisals.