The importance of identifying/reporting maltreatment

• Escalation risk: Maltreatment can quickly increase in frequency and severity.
• The consequences of maltreatment: Maltreatment has a significant impact on a person’s well-being  (e.g.: physical effects, premature death, loneliness, etc.).
• Difficulty reporting: For particularly vulnerable individuals, having a third party speak out or report the maltreatment is often the only way to bring to light the maltreatment they are enduring. Your role is important!

Professionals have a legal obligation to report cases of maltreatment to the Service Quality and Complaints Commissioner if it involves the following individuals:  

• Residents of long-term care centres (CHSLD);
• Vulnerable residents living in a private seniors’ residence (RPA);
• Adult users living in an intermediate resource (IR) or a family-type resource (FTR);
• Persons declared incapacitated following a medical assessment;
• Incapacitated persons under protection regardless of their place of residence, namely:
  • Persons under curatorship;
  • Persons for whom a protection mandate has been registered.

Reprisals: “Reprisals are prohibited against a person who, in good faith, files a complaint or makes a report of maltreatment or cooperates in the examination of a complaint or processing of a report.

Threats of reprisal against a person to dissuade them from filing a complaint, making a report or cooperating in the examination of a complaint or processing of a report are also prohibited.

The demotion, suspension, termination of employment or transfer of a person or any disciplinary or other measure that adversely affects the employment or working conditions of a person is presumed to be a reprisal.” (s. 22.2, L-6.3).

Immunity from proceedings: “No proceedings may be brought against a person who, in good faith, has filed a complaint or made a report of maltreatment or cooperated in the examination of a complaint or in the processing of a report, whatever the conclusions issued.” (s. 22.3, L-6.3).

The concerted intervention process (PIC) aims to establish collaboration between various partners, as described in the Entente-cadre nationale. This ensures better protection and provides older adults, or any other vulnerable adult who is the victim of mistreatment constituting a criminal or penal offence, with the necessary support by promoting effective coordination among the stakeholders in order to ensure the most effective response and thereby put an end to the mistreatment.

For a PIC to be initiated, the following three conditions must be met

• The stakeholder has reasonable grounds to believe that an older adult or an adult in a vulnerable situation is the victim of mistreatment according to L-6.3’s definition;
• The situation requires collaboration between all those involved in order to effectively end the situation;
• The stakeholder has reasonable cause to believe that the situation of mistreatment may constitute a criminal or penal offence.

When necessary, a PIC can be initiated in collaboration with stakeholders from the signatory organizations of the Entente-cadre nationale (national framework agreement) in the fields of health and social services, justice, public security and other partners such as:

• Service de police de la ville de Montréal (Montréal police service)
• Public Curator of Québec
• Human rights and youth rights commission
• Director of Criminal and Penal Prosecutions
• Autorité des marchés financiers (AMF)

Have a look at the Résumé de l’Entente-cadre nationale (available in French only)

Awaiting approval. For more information, contact the designated PIC resource person