Elder Law and the Criminal Code Blog Series I: Why You Should Follow This Series
Elder law involves the laws and rights of older adults in all practice areas, including criminal law. When a crime has been committed against an older person, civil and criminal remedies may both be available. For example, I have previously blogged about civil and criminal remedies that may be available where there’s a predatory marriage.[1] This blog series will seek to provide insight on how cases we see on a regular basis can overlap with provisions of the Criminal Code. The series may be a helpful primer for professionals who want to improve their ability to issue-spot and refer clients to appropriate resources, or for anyone living in Canada that may one day need to advocate for themselves or a loved one.
I want to preface from the beginning that there are a host of valid reasons a victim may not want the police to become involved in a matter. Not everything can, or should, be dealt with as a criminal matter. The purpose of this series is merely to provide a tool for spotting and talking about criminally concerning behaviour.
One tool for advocacy is knowing the correct people to speak with. In many police departments, you can ask to speak with someone who has been trained in senior abuse. Some jurisdictions also have specialised units, like the following:
Calgary Elder Abuse Response Team (EART): 403-266-1234
Durham Regional Police Senior Support (OASIS) Unit
Hamilton Police Senior Support Officer: 905-546-4925
Seniors Protection Partnership Intake Line: 780-477-2929
Toronto Police Service Vulnerable Persons
York Police Senior Safety Officers: 8 a.m. to 4 p.m. at seniorsafety@yrp.ca or 1-866 876 5423 ext. 6697
Another tool for advocacy is knowing what the police are looking for when they decide if charges can be laid. The police will only lay a criminal charge if they think an offence has been committed. Once the police lay a charge, government lawyers (Crown Attorneys) can only proceed with the charge if they think it is more likely than not that they will get a conviction.[2]
To help break down when bad behaviour is actually criminally unacceptable, the series will examine the Criminal Code,[3] and to a lesser extent the Canada Evidence Act[4] and Ontario’s Crown Prosecution Manual.[5] You can expect upcoming blogs to discuss, in an elder law context, the criminal burden of proof, what evidence is admissible, fraud, forgery, assault, harassment, neglect, and the many different criminal code provisions for theft. If there is an additional topic you want to see covered, I warmly welcome you to reach out to jaclyn@welpartners.com.
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[1] Predatory Marriage Series Blog: Civil and Criminal Remedies | WEL Partners Blog
[2] D. 3: Charge Screening | Crown Prosecution Manual | ontario.ca
[3] Criminal Code, R.S.C., 1985, c. C-46
[4] Canada Evidence Act, R.S.C., 1985, c. C-5
[5] Crown Prosecution Manual | ontario.ca
Written by: Jaclyn Holdsworth
Posted on: August 27, 2026
Categories: Commentary, WEL Newsletter
Elder law involves the laws and rights of older adults in all practice areas, including criminal law. When a crime has been committed against an older person, civil and criminal remedies may both be available. For example, I have previously blogged about civil and criminal remedies that may be available where there’s a predatory marriage.[1] This blog series will seek to provide insight on how cases we see on a regular basis can overlap with provisions of the Criminal Code. The series may be a helpful primer for professionals who want to improve their ability to issue-spot and refer clients to appropriate resources, or for anyone living in Canada that may one day need to advocate for themselves or a loved one.
I want to preface from the beginning that there are a host of valid reasons a victim may not want the police to become involved in a matter. Not everything can, or should, be dealt with as a criminal matter. The purpose of this series is merely to provide a tool for spotting and talking about criminally concerning behaviour.
One tool for advocacy is knowing the correct people to speak with. In many police departments, you can ask to speak with someone who has been trained in senior abuse. Some jurisdictions also have specialised units, like the following:
Calgary Elder Abuse Response Team (EART): 403-266-1234
Durham Regional Police Senior Support (OASIS) Unit
Hamilton Police Senior Support Officer: 905-546-4925
Seniors Protection Partnership Intake Line: 780-477-2929
Toronto Police Service Vulnerable Persons
York Police Senior Safety Officers: 8 a.m. to 4 p.m. at seniorsafety@yrp.ca or 1-866 876 5423 ext. 6697
Another tool for advocacy is knowing what the police are looking for when they decide if charges can be laid. The police will only lay a criminal charge if they think an offence has been committed. Once the police lay a charge, government lawyers (Crown Attorneys) can only proceed with the charge if they think it is more likely than not that they will get a conviction.[2]
To help break down when bad behaviour is actually criminally unacceptable, the series will examine the Criminal Code,[3] and to a lesser extent the Canada Evidence Act[4] and Ontario’s Crown Prosecution Manual.[5] You can expect upcoming blogs to discuss, in an elder law context, the criminal burden of proof, what evidence is admissible, fraud, forgery, assault, harassment, neglect, and the many different criminal code provisions for theft. If there is an additional topic you want to see covered, I warmly welcome you to reach out to jaclyn@welpartners.com.
—
[1] Predatory Marriage Series Blog: Civil and Criminal Remedies | WEL Partners Blog
[2] D. 3: Charge Screening | Crown Prosecution Manual | ontario.ca
[3] Criminal Code, R.S.C., 1985, c. C-46
[4] Canada Evidence Act, R.S.C., 1985, c. C-5
[5] Crown Prosecution Manual | ontario.ca
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