Criminal Code – Amendments

The Government of Canada recognizes that elder abuse is a serious issue affecting many older persons in Canada. The Criminal Code contains a comprehensive set of offenses and sentencing provisions to address the abuse and neglect of seniors. Recent sentencing amendments to the Criminal Code specifically address factors, which increase the vulnerability of older victims. The first amendment requires courts to consider it an aggravating factor, when sentencing an individual for the offense of fraud, that the offense “had a significant impact on the victims given their personal circumstances including their age, health and financial situation”. The second amendment codified the common law and requires the court to consider it an aggravating factor where evidence shows that an offense had a significant impact on the victim, having regard to age, and other personal circumstances such as health and financial situation (for all Criminal Code offenses not just specifically to fraud cases).