Complaints of mistreatment explode
by 120% in one year
(Quebec) Fifteen cases of mistreatment of an elderly or disabled person are now reported every day in Quebec.
Complaints and reports of abuse received by watchdogs in the health network continue to increase. And not just a little. They have exploded by 120% in one year.
Complaints and reports of abuse received by watchdogs in the health network continue to increase. And not just a little. They have exploded by 120% in one year.
Quebec attributes this increase to a better knowledge of the law in the health network and to the rather recent expansion of its scope. Clearly, mistreatment is not necessarily more widespread, it is more reported.
According to a report by the Ministry of Health and Social Services (MSSS) tabled in the National Assembly, 5756 suspected or proven cases of mistreatment were reported to the network's authorities in 2022-2023. This is a new record: there were 2618 the previous year.
Five years ago, there were 866 in 2018-2019, the first full year of application of the Act to combat mistreatment
of seniors and other persons of full age in vulnerable situations.
Long underestimated, mistreatment has gradually come out of the shadows since the adoption of this law in 2017.
It was enhanced in 2020 and again in 2022.
Denouncing "without delay"Abuse takes many forms. It's an employee who bullies an elder. A resident who sexually assaults another. A son who financially abuses a parent. A facility that does not provide basic care to its residents.
A victim of abuse or a witness of abuse can file a complaint with the local service quality and complaints commissioner of their CISSS or CIUSSS.
According to a report by the Ministry of Health and Social Services (MSSS) tabled in the National Assembly, 5756 suspected or proven cases of mistreatment were reported to the network's authorities in 2022-2023. This is a new record: there were 2618 the previous year.
Five years ago, there were 866 in 2018-2019, the first full year of application of the Act to combat mistreatment
of seniors and other persons of full age in vulnerable situations.
Long underestimated, mistreatment has gradually come out of the shadows since the adoption of this law in 2017.
It was enhanced in 2020 and again in 2022.
Denouncing "without delay"Abuse takes many forms. It's an employee who bullies an elder. A resident who sexually assaults another. A son who financially abuses a parent. A facility that does not provide basic care to its residents.
A victim of abuse or a witness of abuse can file a complaint with the local service quality and complaints commissioner of their CISSS or CIUSSS.
The law also requires health network workers and professionals to report "without delay" to the Commissioner any situation of mistreatment they witness or suspect against a senior or vulnerable adult housed in a private or public CHSLD, a seniors' residence, an intermediate resource (IR) or a family-type resource (RTF). They are also asked to report abuse they see during a visit to a patient's home.
This reporting obligation has expanded over the years, which partly explains the increase in reported
cases in 2022-2023, according to the MSSS report.
"There is also the fact that care and service providers have a better knowledge of their role and responsibility thanks to the numerous training courses offered in the health and social services network, in order to protect any adult in a vulnerable situation," it adds.
'Great news'The explosion of denunciations "is excellent news!" says Jean-Philippe Payment, president of the Regroupement des commissariats aux plaintes et à la qualité des services du Québec.
"Finally, mistreatment is denounced. I suspect that for many years to come, we will have increasing numbers. He points out that a large survey published in 2020 by the Institut de la statistique du Québec (ISQ) concluded that no less than 6% of seniors living at home are victims of abuse.
According to Payment, there is "clearly a change in attitude" in the health care system. The fight against abuse has become a priority and workers are more familiar with the provisions of the law today.
With the Dubé reform, complaints commissioners will no longer report to the boards of directors of the CISSS and CIUSSS, but to a national commissioner who will report to Santé Québec. The funding for their activities will also be set by the new agency.
Jean-Philippe Payment welcomes these two changes, which guarantee greater independence for commissioners and protect them from pressure from institutions.
No criminal sanctions yetA change to the law last year provides for criminal penalties for abuse, but it has been slow to come into effect.
According to the MSSS report, as of September 15, 18 requests for investigation into criminal sanctions were admissible and in the process of being processed. Twenty other files were deemed inadmissible by the Ministry's Investigations Directorate, four of which were forwarded to the police authorities.
As a result, the MSSS's Investigations Directorate has not yet forwarded any files to the Director of Criminal and Penal Prosecutions (DPCP).
"After verification, no prosecution has yet been initiated by the DPCP in relation to this Act,"said Patricia Johnson,
Deputy Spokesperson for the DPCP.
The law provides for criminal penalties of $2,500 to $25,000 for a staff member who fails to report abuse witnessed or suspected. Perpetrators of abuse are liable to fines of $5,000 to $125,000 in the case of an individual, and $10,000 to $250,000 for an institution or a corporation. There are also criminal sanctions against those who retaliate against a complainant or obstruct the work of the Department's investigators.
Of course, criminal sanctions are not the only punishment for a perpetrator. A criminal prosecution may be initiated. An offending employee can be suspended or even fired, which happens in a few cases each year.
ABUSE BY THE NUMBERS
The MSSS report provides an overview of 558 cases of mistreatment that required a special intervention process by the authorities, a process provided for in the law to help victims.
Gender of Victim
66% are women
, 34% are men
Average age of victim
74 years old
Victims' place of residence*
Private home: 61% Private seniors' residence: 16% CHSLDs: 10% Intermediate or family-type resources: 5% Other: 8
* One-third live alone
The Sex of Abusers
65% are men
Relationship to the victim
61% are a family
member 9% are a "service provider", i.e. a health
care worker 6% are roommates
24% are other people such as a neighbour, other resident or friend
Types of Abuse*
Financial: 62% Psychological: 49% Physical: 27% Neglect: 27% Sexual: 10% Other: 8%
* The cumulative total exceeds 100% as more than one type of maltreatment may be present in the same situation.
This reporting obligation has expanded over the years, which partly explains the increase in reported
cases in 2022-2023, according to the MSSS report.
"There is also the fact that care and service providers have a better knowledge of their role and responsibility thanks to the numerous training courses offered in the health and social services network, in order to protect any adult in a vulnerable situation," it adds.
'Great news'The explosion of denunciations "is excellent news!" says Jean-Philippe Payment, president of the Regroupement des commissariats aux plaintes et à la qualité des services du Québec.
"Finally, mistreatment is denounced. I suspect that for many years to come, we will have increasing numbers. He points out that a large survey published in 2020 by the Institut de la statistique du Québec (ISQ) concluded that no less than 6% of seniors living at home are victims of abuse.
According to Payment, there is "clearly a change in attitude" in the health care system. The fight against abuse has become a priority and workers are more familiar with the provisions of the law today.
With the Dubé reform, complaints commissioners will no longer report to the boards of directors of the CISSS and CIUSSS, but to a national commissioner who will report to Santé Québec. The funding for their activities will also be set by the new agency.
Jean-Philippe Payment welcomes these two changes, which guarantee greater independence for commissioners and protect them from pressure from institutions.
No criminal sanctions yetA change to the law last year provides for criminal penalties for abuse, but it has been slow to come into effect.
According to the MSSS report, as of September 15, 18 requests for investigation into criminal sanctions were admissible and in the process of being processed. Twenty other files were deemed inadmissible by the Ministry's Investigations Directorate, four of which were forwarded to the police authorities.
As a result, the MSSS's Investigations Directorate has not yet forwarded any files to the Director of Criminal and Penal Prosecutions (DPCP).
"After verification, no prosecution has yet been initiated by the DPCP in relation to this Act,"said Patricia Johnson,
Deputy Spokesperson for the DPCP.
The law provides for criminal penalties of $2,500 to $25,000 for a staff member who fails to report abuse witnessed or suspected. Perpetrators of abuse are liable to fines of $5,000 to $125,000 in the case of an individual, and $10,000 to $250,000 for an institution or a corporation. There are also criminal sanctions against those who retaliate against a complainant or obstruct the work of the Department's investigators.
Of course, criminal sanctions are not the only punishment for a perpetrator. A criminal prosecution may be initiated. An offending employee can be suspended or even fired, which happens in a few cases each year.
ABUSE BY THE NUMBERS
The MSSS report provides an overview of 558 cases of mistreatment that required a special intervention process by the authorities, a process provided for in the law to help victims.
Gender of Victim
66% are women
, 34% are men
Average age of victim
74 years old
Victims' place of residence*
Private home: 61% Private seniors' residence: 16% CHSLDs: 10% Intermediate or family-type resources: 5% Other: 8
* One-third live alone
The Sex of Abusers
65% are men
Relationship to the victim
61% are a family
member 9% are a "service provider", i.e. a health
care worker 6% are roommates
24% are other people such as a neighbour, other resident or friend
Types of Abuse*
Financial: 62% Psychological: 49% Physical: 27% Neglect: 27% Sexual: 10% Other: 8%
* The cumulative total exceeds 100% as more than one type of maltreatment may be present in the same situation.
