Via email: stephanie.mclean@parl.gc.ca
The Honourable Stephanie McLean, P.C., M.P.
Secretary of State (Seniors)
House of Commons
Ottawa ON K1A 0A6
Dear Secretary of State:
On behalf of the Elder Law Section of the Canadian Bar Association (CBA), please accept our sincere congratulations on your appointment as Secretary of State for Seniors. We look forward to collaborating with you as you advance the government’s priorities for older Canadians.
The CBA is a national association of more than 40,000 lawyers, notaries, academics, and law students dedicated to improving the law and the administration of justice. Our Elder Law Section brings together practitioners from across Canada who specialize in legal issues affecting older adults, including supported decision-making, financial abuse, guardianship, capacity, and end-of-life care.
The Elder Law Section notes the urgent need to modernize Canada’s legal frameworks to better address increasingly complex challenges related to autonomy, care, and access to justice for older Canadians and to strengthen the protection of their fundamental rights. Our Section welcomes the opportunity to engage with your department on advancing measures to prevent elder abuse, neglect, and coercive control. Our recent resolution, Resolution 24-08-A, clarifies the CBA’s support for new Criminal Code offences addressing elder abuse, and although we recommend against creating a specific elder abuse offence which may overcomplicate the legislation, we suggest provisions that target specific abusive acts.
Human Rights of Older Persons
On April 3, 2025, the UN Human Rights Council adopted a historic resolution establishing an open-ended working group to draft a new UN Convention on the Human Rights of Older Persons. Since 2017, a regional human rights instrument has also been in place within the Organisation of American States, though Canada has not signed or ratified it.
This moment presents an important opportunity for Canada to build on its longstanding commitments to human rights, inclusion, and the Rule of Law. At a time when these protections are increasingly challenged, strengthening Canada’s approach to the rights of older persons would reinforce those commitments and align with the sustained leadership shown by Canadian civil society.
The Elder Law Section believes that consolidating Canada’s laws relating to the fundamental rights of older persons would meaningfully support law reform across the sector and ensure stronger protections for older Canadians.
Neglect of Vulnerable Adults
We note that during the last Parliamentary session, Bill C-295, An Act to amend the Criminal Code (neglect of vulnerable adults), received unanimous approval by those present and voting in the House of Commons at third reading. While the Bill died on the Order Paper following dissolution of Parliament, we would welcome an opportunity to discuss its objective of creating an offence for long-term care facilities and those responsible for budgeting and care delivery, who fail to provide the necessaries of life to residents.
Coercive Control of Older Adults
We would also appreciate the opportunity to share our views on elder abuse and coercive control as addressed in Bill C-332, An Act to amend the Criminal Code (coercive control of intimate partner). While this Bill ultimately focused solely on intimate partner violence, its original text encompassed controlling or coercive conduct by relatives, household members, or adult children. This Bill likewise received unanimous support by those present and voting in the House of Commons. We understand that the government is welcoming feedback on the issue of intimate partner violence, and we encourage the government to consider including situations involving coercive control and exploitation of vulnerable seniors by non-partners. We would welcome a discussion on the remaining legislative gaps concerning elder abuse and the protection of older Canadians.
National Anti-Fraud Strategy
The Elder Law Section is especially encouraged by the government’s important announcement of a National Anti-Fraud Strategy, which represents a concrete step toward confronting the serious financial frauds and scams that disproportionately affect our seniors. In addition to this work on fraud by unknown actors, our Section is keen to collaborate with you on strengthening Canada’s response to elder financial mistreatment, which often arises within existing relationships and requires distinct interventions. Our Section is also interested in working with you to advance the harmonization of powers of attorney legislation and enhance the protection and support of vulnerable older adults across Canada.
The CBA would like to highlight that our Elder Law Section includes jurists from across Canada who can advise on this topic and provide critical feedback on all issues related to the exploitation of older adults in vulnerable situations.
Should it be helpful, we would be pleased to arrange a meeting—at your convenience—to identify priority areas where CBA expertise can support your mandate. Please feel free to have your staff contact Yasmin Khaliq, CBA Advocacy Lawyer, at yasmink@cba.org to coordinate next steps.
Yours sincerely,
(original letter signed by Yasmin Khaliq for Sara Nicole Pon)
Sara Nicole Pon
Chair, CBA Elder Law Section