Intersections Between Domestic Violence and Elder Abuse

1. Intersections Between Domestic Violence and Elder Abuse Ckk Related Legal and Social Movements in Canada A Practice Based Perspective A Presentation for the Canadian Conference on Elder Law 2012

2. Introduction • Personal Introduction • Introduction to the topic

3. Introduction to Topic

4. Goals • Goals • To provide social science research on elder abuse and to demonstrate parallels to domestic violence • To draw attention to the fledgling elder rights movement in Canada and to draw parallels to the women’s rights movement • To give Canadian examples of elder rights advocates and lawyers collaborating to find justice for elder abuse victims

5. Elder Abuse Elder Abuse: “an action, or deliberate behavior, by a person(s) in a position of trust, such as an adult child, family member, friend or care-giver, that causes an adult physical, emotional or mental harm or damage to, or loss of, assets or property”. Types: Physical, sexual, emotional, financial, etc. Perpetrators: Spouse, adult children, caregiver, “new best friend”, etc. Some elder abuse is domestic violence (perpetrated by a spouse) but not all elder abuse.

6. Elder Abuse Disclaimer: I am going to talk about one particular type of elder abuse. However, “elder abuse” is a broad term, and a complex topic. Some elder abuse incidents may not fit the framework I am going to present. Example: Abuse by an unrelated caregiver under stress may have different characteristics than abuse by a physically abusive adult child. There is research on “typologies” of domestic violence, but limited research on typologies of elder abuse. J. Braun, “Elder Guardianship Mediation: Threat or Benefit to Abuse Victims?” International Perspectives on Victimology 7:1 (2013) [forthcoming]. .

7. Domestic Violence & Elder Abuse One type of domestic violence is “coercive controlling violence”in which the partner (usually male) dominates and controls the victim. The abuse is driven by a need for power and control. This dynamic was first spoken about by women’s groups, although they believed this dynamic existed in all cases of domestic violence. Example: J.B Kelly & M.P. Johnson, “Differentiation Among Types of Intimate Partner Violence: Research Update and Implications for Interventions”46 (2008) Family Court Review476. Some members of the women’ movement focused mainly on this issue became known as the “battered women’s movement”. • Women’s shelters – originally self funded and later funded by government (for example, in BC the BCSTH). • Advocacy and lobbying on behalf of abused women.

8. Elder Abuse & Domestic Violence Dynamics of Power and Control and Elder Abuse. There is literature that documents similar dynamics of power and control in elder abuse situations regardless of whether the abuse is financial abuse, domestic violence or sexual assault. See: B. Brandl, C. Hesler & L. Steigel “The Parallels Between Undue Influence, Domestic Violence and Sexual Assault” [2005] 17, Journal of Elder Abuse & Neglect, 37.

9. Social Movement The battered women’s movement was just a small part of a larger social movement on behalf of women’s rights and equality that lasted throughout the 1970’s and 1980’s. This resulted in • Public awareness campaigns • Social programs • Media events • Lobbying for policy change and better laws. This lobbying effort came first, and the justice system responded. New laws were passed and new government programs were created.

10. Social Movement The women’s movement (including the battered women’s movement) were united in a fight against sexism. They fought for systemic change and saw violence against women as one symptom of a society in which women had less power than men. The movement began with women affected by this problem. It soon became a social justice issue with lawyers working alongside grass roots activists for social change. Definition: Social movements are a type of group action. They are large informal groupings of individuals or organizations which focus on specific political or social issues. They carry out, resist or undo a social change.

11. Elder Rights as a Social Movement Elder Rights as a Social Movement History shows us that effective social change comes in situations where lawyers and social activists, from the disenfranchised groups, both work towards change. • Based on history it is an effective strategy • Lawyers are needed because of their skills and expertise in bringing about a change to unjust laws. • Input is needed from the persons discriminated against to ensure that policies and laws fit their needs. Nina Kohn gives examples of American laws that discriminate against American older adults. We need an elder rights movement In Canada that reflects the Canadian social and legal milieu. Nina Kohn “The Lawyer’s Role in Fostering an Elder Rights Movement” (William Mitchell Law Review 2010).

12. Social Context

13. Elder Rights Movement Ageism is the new sexism. So where is the social movement? There is a small elder rights movement in Canada, but the groundswell has not yet occurred. There are many issues: discrimination in employment, discrimination in access to health care treatment, and abuse of older adults.

14. Social Context Scholars have drawn the connection between elder abuse and ageism, similar to the connection between domestic violence and sexism. For example (from an article reviewing relevant literature): “the aging population [is often referred to]… as an expensive burden to the state. Such ageist views advocate policies to promote the importance of ‘individual responsibility’... violence against those with “disintegrating” bodies becomes likely in a patriarchal economy which values and endows authority to bodies exhibiting… youthful vitality.” D. Hall & K Barzowski “Aging and Risk: Physical and Sexual Abuse of Elders in Canada” 25 (2010) Journal of Interpersonal Violence 1183.

15. Legal System Response There are older adults and older adult organizations working tirelessly on behalf of older adults. There also are lawyers who are committed to this issue and are working to change discriminatory laws. To date, this movement is very small compared to some of the great social movements of the past. Nonetheless, there is awareness of this issue among educators, law makers, policy makers and government. This is a historically different path than on issues of domestic violence where grass roots women’s advocates were the first to raise awareness about the problem. Then lawyers joined the movement and eventually laws and policies were changed as a result.

16. Legal System Criminal Law There are various charges that may be applicable, such as assault or uttering threats. In Canada these crimes are equally applicable regardless of the age of the victim (there is no crime of “elder abuse”). - Example: . S. 265 (assault); s. 215 (failure to provide the necessities of life) Civil Law (Adult Protection) The public does not have a mandate to report elder abuse in this jurisdiction. In this jurisdiction, the mandate of “adult protective services” is limited to situations where adults are being abused or neglected and are unable to seek help and assistance on their own due to cognitive deficits or other reasons. Designated responders include the Public Guardian and Trustee, the Health Authorities and Community Living BC. • Adult Guardianship Act, Part 3; Pubic Guardian and Trustee Act

17. Collaboration - Elder Rights Community Advocates and Lawyers Victims of elder abuse need social support services while using legal services or event to access legal services. Examples: • Transition House/ Shelter for Older Women • CBA’s Elder National Elder Law Subsection

18. Collaboration - Elder Rights Community Advocates and Lawyers Victims of abuse have a unique and personal experience that can help inform the development of effective laws and policies. Example: - BC CEAS’ “Seniors and the Law” program

19. In Conclusion “Older adults face a myriad of civil rights concerns. Some arise directly as a result of their chronological age. Others are the result of age-related phenomena, such as the onset of disability. While these concerns often go underappreciated, and even unnoticed, they can profoundly affect the nature and quality of older adults' lives. The civil rights problem affecting older adults that perhaps most closely resembles problems challenged by earlier civil rights movements is age discrimination.” (Kohn) Elder abuse is linked to discrimination – either as the cause or in limiting the response. We need a robust “made in Canada” response with the legal community leading the way.

20. Contact Information Ckk Vista Law Group 604-780-4870 braun@joanbraun.ca http://www.joanbraun.ca