Practical Guide Home / Nunavut
 Print

Practical Guide to Elder Abuse and Neglect Law in Canada

Last updated:

Nunavut

This section outlines:

  1. A snapshot of the law in Nunavut
  2. Key laws and regulations
  3. Protective interventions under the Family Abuse Intervention Act
  4. Reporting abuse by a regulated health care professional
  5. Exceptions to confidentiality and privacy rules
  6. Financial abuse by substitute decision-makers
  7. Key government and community contacts.

1. Snapshot

The Family Abuse Intervention Act allows a person to apply for different kinds of protective court orders if they are experiencing elder abuse. Abuse is defined very broadly to include physical abuse, psychological abuse, sexual abuse, financial abuse, or neglect.

With the court’s consent, other concerned individuals can apply for an order on behalf of the older person, including family members or friends, the older person’s lawyer or their lawyer’s agent, RCMP officers, community justice outreach workers, and support workers at a safe house or shelter.

The Guardianship and Trusteeship Act allows the court to:

  • Remove a trustee or guardian who is abusing an older adult or misusing their powers.
  • Appoint a temporary guardian If an adult is at risk of physical abuse, psychological abuse, or neglect. Temporary guardianship is in effect for up to three months and can be extended for an additional three months.

2. Key Laws and Regulations

Family Violence

Health Care

Personal Planning

Privacy

3. Protective Interventions under the Family Abuse Intervention Act

The Family Abuse Intervention Act[18] allows a person to apply for different kinds of court orders if they or another person are experiencing abuse. This section outlines:

  • Principles underlying the Act;
  • Definitions of abuse and family;
  • Types of orders available;
  • Who can apply for an order;
  • Requirements for each order; and
  • Potential provisions of each order.

3.1. Guiding principles

The Act contains principles to guide its application. The principles include:

  • Respect for Elders;
  • The importance of promoting safety; and
  • The need for the community to support families.
  • Principles governing Act
  • 4. This Act shall be interpreted and administered in accordance with the following principles:
    • (a) the paramount objective of this Act is to promote the safety of Nunavummiut;
    • (b) all Nunavummiut are entitled to protection from family abuse and the threat of family abuse;
    • (c) all Nunavummiut have a responsibility to control their conduct and refrain from engaging in family abuse;
    • (d) all Nunavummiut have a responsibility to control their conduct and refrain from damaging the well-being of the family;
    • (e) all Nunavummiut are entitled to be treated with respect;
    • (e.1) the views of elders deserve careful consideration and respect; 
    • (f) every family’s well-being should be supported and promoted;
    • (g) measures taken for the protection of applicants should, as far as practicable, promote the integrity of the family and the community, while giving priority to the wishes of the applicants;
    • (h) communities should be encouraged to provide services, wherever possible, to support applicants and respondents and to facilitate the reunification of the family;
    • (i) members of the extended family should be given the opportunity to be heard and their opinions should be considered when decisions affecting their interests are being made;
    • (j) there should be no unreasonable delay in making or carrying out an order.[19]

3.2. Definitions

Family abuse

The Family Abuse Intervention Act contains a very broad definition of family abuse. Family abuse includes physical abuse, psychological abuse, sexual abuse, financial abuse, and neglect.

  • Acts constituting family abuse
  • 3. (1) The following acts and omissions constitute family abuse:
    • (a) an intentional or reckless act or omission that causes, or a threatened act or omission to cause
      • (i) injury, or
      • (ii) damage to property in the context of intimidation;
    • (b) an intentional, reckless or threatened act or omission that causes, or a series of intentional or threatened acts that cause a reasonable fear of
      • (i) injury, or
      • (ii) damage to property in the context of intimidation;
    • (c) sexual abuse, including sexual contact of any kind that is coerced by force or threat of force;
    • (c.1) sexual abuse of any kind, including sexual exploitation, sexual interference and encouragement or invitation to sexual contact, of a person with a mental or physical disability or a child;
    • (d) forced confinement;
    • (e) conduct that reasonably, in all the circumstances, constitutes mental or emotional abuse;
    • (f) an intentional or reckless act or omission that unjustifiably or unreasonably deprives a person of food, clothing, shelter, medical attention, transportation or other necessities of life;
    • (g) conduct of any kind the purpose of which is to control, exploit or limit a person’s access to financial resources for the purpose of ensuring the person’s financial dependency.[20]
  • “mental or emotional abuse”
    • (a) means a pattern of behaviour of any kind, including verbal statements, the purpose of which is to deliberately undermine the mental or emotional well-being of a person, and 
    • (b) includes repeated threats made with the intent to cause extreme emotional pain to a person, a child of or in the care of a person or a family member of a person;[21]

Relationships covered by the Family Abuse Intervention Act

Family is defined in an expansive manner. It includes:

  • A spouse;
  • A romantic partner; and
  • Any family member related by blood, marriage, or adoption.

The law applies regardless of whether or not the older person and their abuser live together. It also applies to family members who are in a “care relationship.” A care relationship is characterized by one person being dependent on another for assistance.

  • Meaning of family abuse
  • 2. (1) For the purposes of this Act, family abuse occurs when a person, a child of or in the care of a person, a parent of a person or another family member of a person is subjected to one or more of the acts or omissions listed in section 3 by another person with whom the person has
    • (a) a spousal relationship;
    • (b) an intimate relationship;
    • (c) a family relationship; or
    • (d) a care relationship.
  • Meaning of spousal relationship
  • (2) For the purposes of this Act, a spousal relationship exists between two persons
    • (a) who are or were married to each other;
    • (b) who are or were living together in a conjugal relationship outside marriage for a period of at least one year; or
    • (c) who together are or were the natural or adoptive parents of a child, whether within or outside marriage.
  • Meaning of intimate relationship
  • (3) For the purposes of this Act, an intimate relationship exists between two persons, whether or not they have ever lived together, who are or were dating each other, and whose lives are or were enmeshed to the extent that the actions of one affect or affected the actions or life of the other.
  • Meaning of family relationship
  • (5) For the purposes of this Act, a family relationship exists between two persons, whether or not they have ever lived together,
    • (a) who are related by blood, marriage or adoption; or
    • (b) whom it is reasonable in the circumstances to regard as being related.
  • Meaning of care relationship
  • (6) For the purposes of this Act, a care relationship exists between two persons, whether or not they have ever lived together, if one person is or was dependent on the other person for assistance in his or her daily life activities because of disability, illness or impairment.[22]

3.3. Possible orders

The Family Abuse Intervention Act allows a person to apply for court orders to help protect a person from further family abuse. The types of court orders are listed below:

  • An emergency protection order can be made quickly to protect a person from an imminent risk of family abuse. The order can be made without notifying the abuser about the hearing.[23]
  • An assistance order protects a person from further instances of family abuse and is not time limited. Assistance orders do not have as many possible terms as emergency intervention orders.[24]
  • A community intervention order restrains the abuser from committing further abuse and requires the parties to attend counselling.[25]
  • A compensation order awards the person who has experienced abuse financial compensation for any losses or expenses incurred due to the abuse.[26]

The court must consider the following factors when they are deciding whether to grant any of the orders:

  • Factors to be considered
  • 35. In determining whether to grant an order under this Act, and what provisions should be included in the order, the designated justice of the peace or judge shall consider, but is not limited to considering, the following factors:
    • (a) the nature of the family abuse;
    • (b) the history of family abuse by the respondent towards the applicant or any other person;
    • (c) the existence of immediate danger to persons or property;
    • (d) the best interests of the applicant and any child that may be affected by the order.[27]

Emergency protection orders

An emergency protection order can be granted if:

  • Family abuse has occurred;
  • It will likely occur again; and
  • The person is in immediate need of protection.

A person can request the hearing be conducted without notifying the abuser or having them present during the hearing. However, the abuser would be notified of the order after it was granted. The order can be in effect for up to one year.[28]

  • Test for granting emergency protection order
  • 7. (1) On an application that may be made ex parte, a designated justice of the peace may grant an emergency protection order if the designated justice of the peace is satisfied that all the following criteria are met:
    • (a) family abuse has occurred; 
    • (b) there is a reasonable likelihood that the family abuse will continue, resume or be repeated; 
    • (c) an order is, by reason of seriousness or urgency, necessary or advisable for the immediate or imminent protection of a person.[29]

The following people can apply for an emergency protection order:

  • The person experiencing family abuse;
  • A family member or friend, with the adult’s consent;
  • A lawyer, with the adult’s consent;
  • An RCMP officer, with the adult’s consent;
  • A community justice outreach worker, with the adult’s consent; or
  • A support worker at a safe house or shelter, with the adult’s consent.[30]

Possible terms of an emergency protection order are:

  • No communication or contact with the person or others;
  • Staying away from specific locations, not limited to the residence;
  • Restraining the abuser from further acts of abuse, harassment, or stalking;
  • Temporary possession of personal property;
  • Police accompaniment to collect belongings;
  • Restraining the abuser from dealing with the adult’s property;
  • Exclusive occupation of the residence;
  • Removal of the abuser from the residence by the RCMP;
  • Recommending the parties attend counselling;
  • Surrender or seizure of weapons; or
  • Any other terms the court considers necessary.[31]

Assistance orders

The court can grant an assistance order if:

  • Family abuse has occurred; and
  • Is likely to occur again.

The Act does not specify a maximum time for which the order to be in effect.[32]

  • Assistance order
  • 18. (1) On application, a judge may grant an assistance order if the judge is satisfied that
    • (a) family abuse has occurred; and
    • (b) there is a reasonable likelihood that family abuse will continue, resume or be repeated.[33]

The following people can apply for an assistance order:

  • The person experiencing family abuse;
  • A family member or friend, with the adult’s consent;
  • A lawyer, with the adult’s consent;
  • An agent of the lawyer, with the adult’s consent and the supervision of the lawyer; or
  • An RCMP officer, with the adult’s consent.[34]

Possible terms of the assistance order are:

  • No communication or contact with the person or others;
  • Staying away from specific locations, not limited to the residence;
  • Restraining the abuser from further acts of abuse, harassment, or stalking;
  • Temporary possession of personal property;
  • Police accompaniment to collect belongings;
  • Restraining the abuser from dealing with the adult’s property;
  • Exclusive occupation of the residence;
  • Seizure of property used for the abuse by the RCMP;
  • Removal of the abuser from the residence by the RCMP;
  • Recommending the parties attend counselling; or
  • Any other terms the court considers necessary.[35]

Community Intervention Orders

The court can grant a community intervention order if a person has experienced family abuse, and the court considers an order appropriate. The order can be in effect for up to three years.[36]

  • Community intervention order
  • 17. (1) On application, a designated justice of the peace may grant a community intervention order if the designated justice of the peace is satisfied that
    • (a) family abuse has occurred; and
    • (b) it is appropriate to make the order.[37]

The following people can apply for a community intervention order:

  • A person experiencing family abuse;
  • The person perpetrating the abuse;
  • A family member or friend, with the adult’s consent;
  • An elder, with the adult’s consent;
  • A community justice outreach worker, with the adult’s consent;
  • A lawyer, with the adult’s consent; or
  • An RCMP officer, with the adult’s consent.[38]

A community protection order restrains the abuser from committing further acts of family abuse, and can include the following other possible terms:

  • The parties attend traditional Inuit counselling;
  • The parties attend counselling with a specified traditional counsellor;
  • The counsellor report to the court about progress made; or
  • Any other provisions the court considers necessary.[39]

The Act defines who can be a traditional counsellor:

  • Traditional counsellor
  • (9) A traditional counsellor may consist of any or all of the following:
    • (a) an elder or specified member of the community;
    • (b) a group of specified members of either or both the applicant’s and respondent’s families;
    • (c) a specified group of members of the community or a specified community group.[40]

Compensation Orders

The court can grant a compensation order if the person has experienced family abuse and has experienced financial losses or expenses due to the abuse.

  • Compensation order
  • 20. (1) If, on application, a judge determines that the respondent has engaged in family abuse, the judge may grant a compensation order requiring the respondent to reimburse the applicant or any specified person for any monetary loss suffered or expense incurred as a result of the family abuse.
  • Types of expenses
  • (2) The losses and expenses for which the respondent may be ordered to make reimbursement include the following:
    • (a) loss of income;
    • (b) damage to personal property;
    • (c) expenses relating to new accommodations, moving and security measures;
    • (d) medical expenses and other expenses relating to dentistry, therapy, counselling, prescription drugs, glasses, prosthesis or any other therapeutic device or supplies;
    • (e) legal fees and other expenses relating to an application under this Act.[41]

The following people can apply for a compensation order:

  • The person experiencing family abuse;
  • A family member or friend, with the adult’s consent;
  • A lawyer, with the adult’s consent;
  • An agent of the lawyer, with the adult’s consent and the supervision of the lawyer; or
  • An RCMP officer, with the adult’s consent.[42]

3.4. Confidentiality

The Family Abuse Intervention Act contains provisions on confidentiality and privacy. The hearing can be held in private.[43] The court can order a publication ban of the identity of the applicant or others.[44]

4. Regulated Health Professionals and Reporting

In Nunavut, there is no single legislation covering all health professionals. Instead, each health profession is regulated under their own Act. The duties to report a health professional who has potentially abused a patient will therefore depend on the provisions of the applicable legislation. This section outlines two of the Acts governing health professionals. To find the duties which apply to a specific health profession, check the Act that governs that profession. Links to each Act are found in section 2 above.

4.1.  Remedies

Each college is responsible for regulating health professionals within their jurisdiction, including ensuring members are fit for practice and are not committing any infractions. This process is limited to reviewing the regulated health professional’s actions. If a member has been found to be engaging in abuse, the college’s remedies are limited to restricting a regulated health professional’s practice. However, a complaint usually will not result in any remedies for the person who has been abused. The specifics of what actions a college can take in regulating a health professional’s actions will depend on the specifics of the Acts governing the practice area.

4.2. The Medical Profession Act

Any person can make a complaint against a doctor alleging the doctor has engaged in improper conduct.[45] When a complaint is received the President will review the complaint or appoint an investigator to conduct an inquiry.[46] If the President does not dismiss the complaint, the matter is sent for a hearing before the Board of Inquiry.[47]

After the hearing several actions can be taken, including:

  • Dismiss the complaint;
  • Require a doctor to undergo treatment;
  • Suspend a doctor’s license;
  • Cancel a doctor’s license;
  • Place restrictions or conditions on a doctor’s license; or
  • Issue a fine.[48]

4.3. The Nursing Act and the Licensed Practical Nurses Act

In Nunavut and Northwest Territories, registered nurses and nurse practitioners are a self-regulated profession under a joint association covering both territories.[49] The Nursing Act[50] of Nunavut states that hearings are conducted in accordance with the provisions of Northwest Territories Nursing Profession Act.[51] See section 4.3 of the Northwest Territories chapter for information on complaints about nurses in both Nunavut and Northwest Territories.

The Licensed Practical Nurses Act [52] governs licenced practical nurses (LPNs) in Nunavut. Any person can make a complaint to the Registrar that an LPN has engaged in unprofessional conduct.[53] If an employer suspends or fires an LPN due to misconduct or incompetence, this must be reported to the Registrar with in 30 days. If the LPN resigns before they can be suspended or terminated a report is still required.[54]

The Registrar conducts an inquiry in response to a complaint.[55] If the complaint is not dismissed, the Registrar will refer the matter to an investigator, who will conduct an investigation or refer the matter for a public hearing before the hearing panel.[56]

After an inquiry or hearing, several actions can be taken, including:

  • Resolve the matter informally through agreement of all parties;
  • Refer the matter to an alternative dispute resolution process;
  • Dismiss the complaint;
  • Issue a reprimand;
  • Require the LPN to undergo further education or training;
  • Require the LPN to undergo treatment or counselling;
  • Suspend an LPN’s license;
  • Cancel an LPN’s license;
  • Place restrictions or conditions on an LPN’s practice; or
  • Issue a penalty.[57]

4.4. Other reporting duties

Regulated health professionals may also have some duties to report abuse or misconduct arising from their professional codes of conduct. If you are a regulated health professional, examine your professional codes of conduct or practice standards to see if you have any responsibilities under these rules, or contact your college for advice.

5. Confidentiality, Privacy, and Privilege

Confidentiality ensures vital information is kept private for professions that require a client to disclose private information, such as counsellors, doctors, and nurses. A lawyer must respect solicitor-client privilege. Requirements of confidentiality and privilege can be found in legislation, in common law, and in professional codes of ethics, codes of conduct, or professional standards.

Generally, professionals, staff, and volunteers must get consent from the older adult before disclosing personal or health information. However, exceptions to confidentiality and privilege have been created by various laws.

5.1. Exceptions to confidentiality under privacy law

In Nunavut there is one piece of legislation that outlines privacy rights: Access to Information and Protection of Privacy Act.[58] The statute applies to public bodies, such as government departments and agencies.[59]

The federal Personal Information Protection and Electronic Documents Act also applies in Nunavut. See the federal laws section for confidentiality exceptions under this Act, which applies to private organizations conducting commercial activities and to federally regulated organizations such as banks.

Under the Access to Information and Protection of Privacy Act, personal information can only be used or disclosed for the purpose it was collected, or if the person consents.[60] In most cases, a person must be informed of the purpose for which their information is being collected.[61] Personal information can be disclosed without consent for prescribed reasons, including:

  • “when necessary to protect the mental or physical health or safety of any individual;”[62]
  • “for any purpose when, in the opinion of the head, (i) the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure, or (ii) disclosure would clearly benefit the individual to whom the information relates;”[63]
  • To assist with a police investigation;[64] or
  • As required by another law.[65]

5.2. Exceptions that apply to solicitor-client privilege

Confidentiality and legal privilege are two similar, but legally distinct concepts. Both are based on the principle that a lawyer owes a duty of loyalty to the client.

Solicitor-client privilege is a legal principle that applies to all communications between a client and a lawyer where the communication was for the purposes of obtaining legal advice and was intended to be confidential.[66] It operates to protect such information from having to be disclosed in legal proceedings.

However, solicitor-client privilege will not apply:

  • Where privilege has been waived by the client;
  • Where there is a clear, serious, and imminent threat to public safety;[67]
  • Where the innocence of an accused is at stake;[68]
  • Where limited by law.

Other types of privilege include litigation privilege, which protects communications created for the dominant purpose of preparing for litigation.

A lawyer’s duty of confidentiality is an ethical duty. Unlike privilege, this duty covers any communications made during the professional relationship – there is no requirement that the communications be made for the purposes of obtaining legal advice.

The Law Society of Nunavut sets out exceptions to confidentiality in the Model Code of Professional Conduct, some of which overlap with the requirements set out by the Supreme Court of Canada.[69]

  • Confidential Information
  • 3.3-1 A lawyer at all times must hold in strict confidence all information concerning the business and affairs of a client acquired in the course of the professional relationship and must not divulge any such information unless:
    • (a) expressly or impliedly authorized by the client;
    • (b) required by law or a court to do so;
    • (c) required to deliver the information to the Law Society; or
    • (d) otherwise permitted by this rule.[70]

The Model Code of Professional Conduct also permits disclosure of limited confidential information where a person is in imminent harm of serious injury and disclosure is necessary to prevent this serious harm or injury, circumstances which could apply in rare circumstances of elder abuse.

  • Future Harm / Public Safety Exception
  • 3.3-3 A lawyer may disclose confidential information, but must not disclose more information than is required, when the lawyer believes on reasonable grounds that there is an imminent risk of death or serious bodily harm, and disclosure is necessary to prevent the death or harm.[71]

6. Financial Abuse by Substitute Decision-Makers

This section will outline the protections and remedies available when an older adult is experiencing financial abuse by a substitute decision-maker. These protections and remedies are contained in substitute decision-making legislation.

6.1. Substitute decision-makers in Nunavut

In Nunavut a substitute decision-maker for financial matters could be:

  • An attorney under a power of attorney (POA) document, chosen by the older adult;
  • A guardian appointed by the court; or
  • A trustee appointed by the court.

6.2. Attorney under a POA

Creating a POA

An older person can appoint a person to be their attorney under a POA. A POA that takes effect upon a particular date or event, such as incapacity, is called a springing POA.[72] A POA that takes effect immediately and continues after the adult loses capacity, is called an enduring POA.[73] For either type of POA, the attorney has the power to make any financial or property decisions that the adult could make.[74]

The adult can appoint multiple people to act as attorney jointly. If the attorneys cannot agree on a decision, the attorney listed first makes the decision.[75]

Duties of an attorney

An attorney has several duties under the Act:

  • Duties of attorney
  • 18. An attorney under a springing or enduring power of attorney shall exercise his or her authority
    • (a) honestly;
    • (b) in good faith;
    • (c) in the best interests of the donor; and
    • (d) in accordance with this Act and the regulations.[76]

An attorney must also provide accounts for any action taken when requested by a person named in the POA or by the Public Trustee.[77]

Ending a POA

An attorney’s powers can end in several ways:

  • The adult revokes the POA when still capable;
  • The court revokes the POA;
  • The court orders a trusteeship;
  • The attorney resigns;
  • The attorney becomes bankrupt; or
  • The adult dies.[78]

The adult, attorney, Public Trustee, or any other person with leave of the court can apply to the court to have the court review the POA. The court can:

  • Terminate the POA;
  • Remove or change who is the attorney;
  • Replace the attorney with the Public Trustee
  • Require the attorney to provide accounts; or
  • Change the powers granted to the attorney.[79]

6.3. Court-appointed trustee

Appointing a trustee

If an older adult who is not able to make decisions about their financial affairs needs a trustee, and there are no less restrictive options available (such as a POA), the court can appoint a trustee. When appointing a trustee, the court must consider the relationship between the older adult and proposed trustees and the wishes of the older adult. [80] Any person can apply to the court to have a trustee appointed.[81]

The trustee only has the powers given to them by the court. The trustee can be given the powers to do anything with the adult’s estate that the adult could have done if they were competent, including:

  • Selling, transferring, or leasing property;
  • Obtaining mortgages;
  • Investing money; or
  • Settling debts.

The trustee cannot make a will for the older adult.[82]

Duties of trustee

A trustee has several duties under the Act:

  • Meet their duties as fiduciary;
  • Act “diligently, honestly and in good faith for the benefit of the represented person”;[83]
  • Explain the trustee’s powers and duties to the adult;
  • Obtain an interpreter if the adult and guardian do not speak the same language;
  • Involve the adult in the decision-making process;
  • Keep accounts of all transactions made;[84]
  • Within 6 months of their appointment and every 2 years afterwards, file an inventory of the adult’s property with the courts; and
  • Update the inventory with the court if any property is subsequently found.[85]

Ending a trusteeship order

Any interested person can apply to the court to have the trusteeship order reviewed by the court or to have the trustee file accounts with the court. The court can end the trusteeship, change who the trustee is, or change the conditions or powers of the trusteeship order. The court has the authority to remove a trustee who is abusing an older adult or misusing their powers as trustee.[86]

6.4. The role of the Public Trustee

The court can appoint the Public Trustee to be an adult’s trustee if no other person is available or appropriate to be the trustee.[87] The Public Trustee can also act as an attorney under a POA or administer a person’s estate.[88] The court can order the Public Trustee to investigate or audit a trust.[89]

6.5. Court-appointed guardian

Appointing a guardian

If the older adult who is not able to make decisions for personal or health care matters needs a guardian, and there are no less restrictive options available (such as an already appointed substitute decision-maker), the court can appoint a guardian. When appointing a guardian, the court must consider the relationship between the adult and the proposed guardian and the wishes of the older adult. Any person can apply to the court to have a guardian appointed.[90]

The guardian only has the powers given to them by the court. The guardian may be given the power to make decisions about:

  • Where the adult lives;
  • Social and recreational activities;
  • Employment;
  • Education;
  • Health care;
  • Personal care; and
  • Divorce and legal matters that do not involve the estate.[91]

If the adult is at risk of physical abuse, psychological abuse, or neglect, the court can appoint a temporary guardian. A temporary guardian has all the powers of a permanent guardian. Temporary guardianship is in effect for up to three months. The temporary guardianship order can be extended an additional three months.[92]

Duties of a guardian

A guardian has several duties under the Act:

  • Act “diligently and in good faith”;[93]
  • Explain the guardian’s powers and duties to the adult;
  • Obtain an interpreter if the adult and guardian do not speak the same language;
  • Involve the adult in the decision-making process;
  • Encourage the adult to be independent;
  • Encourage relationships between the adult family and friends;
  • Consult with the adult’s family, friends, and caregivers;
  • Choose the least restrictive option; and
  • Follow the adult’s wishes or instructions made when capable. If this is not known or possible, act in the adult’s best interests. When considering what would be in the adult’s best interests, the guardian should consider the adult’s values and beliefs and current wishes.[94]

Ending a guardianship order

Any interested person can apply to the court to have the guardianship order reviewed.[95] The court can:

  • End the guardianship;
  • Change who Is the guardian; or
  • Change the conditions of the guardianship order.

The court has the authority to remove a guardian who is abusing an older adult or abusing their powers as guardian.[96]

The court can appoint the Public Guardian to be an adult’s guardian if no other person is available or appropriate.[97]

7. Key Contacts

Reporting Elder Abuse

In case of emergency, dial 911

Local Police Non-Emergency Line

Call your local police if the situation is not an emergency but you suspect it might be against the law.  Ask to speak to someone who has been trained in senior abuse, or domestic/family violence.

Find your attachment here: www.rcmp-grc.gc.ca/detach/en/find/NU

RCMP Lines

Government Agencies

Office of the Public Trustee

The Office of the Public Trustee administers estates of deceased and missing persons, looks after the legal and financial interests of minors, and assists dependent adults with their legal and financial interest. These functions are assumed by the Office of the Public Trustee in the absence of next-of-kin who are willing and able to act as trustees.

Phone: 1-866-294-2127

Elder Support Phone Line

Peer to peer counselling for unilingual (Inuktitut-speaking) Elders. Monday to Friday 8:30 a.m. to 12:00 p.m. (or leave a message).

Toll-free: 1-866-684-5056

Family Violence Shelters

There are five Family Violence Shelters for people who are fleeing abuse and family violence. Older people can contact the shelter directly or ask a local Community Social Services Worker for a referral to a shelter in a nearby community.

If there is no Family Violence Shelter in a community, a Community Social Services Worker or Community Justice Outreach Worker can accompany an older person to the nearest place of safety.

Victim Services

As victims go through the various stages of court procedures, Nunavut Victim Services provides information that victims may need to help them navigate through the criminal justice system.

For more information about victim support in a community, contact the local community justice outreach worker (CJOW).

The Victims Assistance Fund

Created to fund community-based projects and culturally relevant activities that help victims of crime. The fund can be accessed by anyone in Nunavut who is willing to coordinate a project or program to help victims of crime.

Legal Aid Services

LSB Headquarters

19 Recreation Drive
PO Box 125
Gjoa Haven X0B 1J0

Kitikmeot Law Centre

25 Mitik St, Cambridge Bay, Nunavut  X0B 0C0

Kivalliq Legal Services

P.O. Box 420
Rankin Inlet, Nunavut  X0C 0G0

Maliiganik Tukisiiniakvik Legal Services

P.O. Box 29, Bldg#1104-B
Inuksugait Plaza
Iqaluit, Nunavut  X0A 0H0

Legal Services Board Outreach

In addition to its staff lawyers at the above clinics, LSB continues to rely on private counsel (non-staff lawyers) to meet the demands of clients, conflicts, the Court, and a growing circuit schedule.

To reach a Civil lawyer about housing, employment, or other matters please call:

To reach a Family lawyer about an ongoing file or a Child and Family Services case:

To reach a Criminal lawyer, please call:

Family Law Advice Line 

To speak to a lawyer about a family matter or to Child and Family ServicesPhone: 867-360-4605 
Toll Free: 1-866-606-9400 
Email:  [email protected]

Community Organizations

Qimaavik Transition House

Qimaavik Transition House is a domestic violence service near Iqaluit, NU providing help for people dealing with domestic violence. Note: not accessible for mobility concerns or medical concerns.  

Nunavut Kamatsiaqtut Helpline

This helpline is available for anyone who needs someone to talk with about their troubles, concerns or anything else on their mind. This telephone line is also for people who are feeling lonely, hurting or in distress and require some support. Available 24-Hours.

HOPE FOR WELLNESS HELP LINE

The Hope for Wellness Help Line offers free, confidential, culturally competent counselling and crisis intervention to all Indigenous peoples across Canada, 24 hours a day, seven days a week. If asked, counsellors can work with you to identify follow-up services. Services are available in English and French, and in Inuktitut upon request.

CULTURAL WELLNESS AND HEALING IN NUNAVUT

The Nunavut Housing Corporation

This corporation owns and maintains two Elders centres, one in Iqaluit and one in Arviat. The Pairijait Tigumivik Society in Iqaluit and the Andy Aulatjut Elders Center in Arviat are residential supportive living centres for older people. They offer extended care for Elders whose families no longer have the ability to care for their Elder at home, and provide personal care, medication assistance and emotional support. Each centre can accommodate eight Elders; however, the Iqaluit centre is further supported by an additional 12 independent living units dedicated for Elders.

The Assaulted Women’s Helpline

Based in Ontario, this helpline began offering assistance to clients in Nunavut in 2014 after holding training workshops with shelters and community programs in the territory, in partnership with the Embrace Life Council.

Endnotes

[1] Family Abuse Intervention Act, SNu 2006, c 18 [FAIA].

[2] Family Abuse Intervention Regulations, NWT Reg (Nu) 006-2008 [FAI Regulation].

[3] Dental Auxiliaries Act, RSNWT (Nu) 1988, c D-3.

[4]Dental Mechanics Act, RSNWT (Nu) 1988, c D-2.

[5] Dental Profession Act, RSNWT (Nu) 1988, c 33 (Supp).

[6]Licensed Practical Nurses Act, SNu 2010, c 25 [LPNA].

[7] Medical Profession Act, RSNWT (Nu) 1988, c M-9 [MPA].

[8] Midwifery Profession Act, SNu 2008, c 18.

[9] Nursing Act, SNWT (Nu) 1988, c 38 s 4.

[10] Ophthalmic Medical Assistants Act, RSNWT (Nu) 1988, c O-2.

[11] Optometry Act, RSNWT (Nu) 1988, c O-3.

[12] Pharmacy Act, RSNWT (Nu) 1988, c P-6.

[13] Psychologists Act, RSNWT (Nu) 1988, c P-11.

[14] Powers of Attorney Act, SNu 2005, c 9 [POAA].

[15] Guardianship and Trusteeship Act, SNWT (Nu) 1994, c 29 [GTA].

[16] Public Trustee Act, RSNWT (Nu) 1988, c P-19 [PTA].

[17] Access to Information and Protection of Privacy Act, SNWT (Nu) 1994, c 20 [AIPPA].

[18] FAIA, supra note 1.

[19] Ibid, s 4.

[20] Ibid, s 3.

[21] Ibid, s 1.

[22] Ibid, s 2.

[23] Ibid, s 7.

[24] Ibid, s 18.

[25] Ibid, s 17.

[26] Ibid, s 20.

[27] Ibid, s 35.

[28] Ibid, s 7, 10.

[29] Ibid, s 7.

[30] Ibid, s 26; FAI Regulation, supra note 2, s 1(1).

[31] Ibid, s 7.

[32] Ibid, s 18.

[33] Ibid, s 18(1).

[34] Ibid, s 26; FAI Regulation, supra note 2,s 1(2)

[35] Ibid, s 18.

[36] Ibid, s 17.

[37] Ibid, s 17(1).

[38] Ibid, s 27; FAI Regulation, supra note 2, s 1(3).

[39] Ibid, s 17.

[40] Ibid, s 17(9).

[41] Ibid, s 20.

[42] Ibid, s 26; FAI Regulation, supra note 2,s 1(2)

[43] Ibid, s 32.

[44] Ibid, s 33.

[45] MPA, supra note 7,ss 20, 24.

[46] Ibid, s 25.

[47] Ibid, ss 25-26.

[48] Ibid, s 38.

[49] Registered Nurses Association of the Northwest Territories and Nunavut, “About Us”, online: <www.rnantnu.ca/about/>.

[50] Nursing Act, supra note 9.

[51] Ibid, s 8.1.

[52] LPNA, supra note 6.

[53] Ibid 6,ss 10-11.

[54] Ibid, s 11.

[55] Ibid, s 12

[56] Ibid, ss 12, 15, 17, 18.

[57] Ibid, ss 12, 13, 14, 16, 20.

[58] AIPPA, supra note 17,

[59] Ibid, ss 2-3.

[60] Ibid, ss 43, 48.

[61] Ibid, s 41.

[62] Ibid, s 48(q).

[63] Ibid, s 48(s).

[64] Ibid, s 48(e).

[65] Ibid, s 48(p), (u).

[66] Descôteaux v Mierzwinski, [1982] 1 SCR 860 at 870–876, 141 DLR (3d) 590 [Descôteaux cited to SCR].

[67] Smith v Jones, [1999] 1 SCR 455 at para 35, 169 DLR (4th) 385, [Smith cited to SCR].

[68] R. v. McClure, [2001] S.C.R. 445, [McClure cited to SCR].

[69] Law Society of Nunavut, Model Code of Professional Conduct, Iqaluit, Law Society of Nunavut, May 2016, online: <www.lawsociety.nu.ca/en/society-rules-and-policies>.

[70] Ibid, s 3.3-1.

[71] Ibid, s 3.3-3.

[72] POAA, supra note 14, s 3.

[73] Ibid, s 8.

[74] Ibid, s 1, 13.

[75] Ibid, ss 22-23.

[76] Ibid, s 18.

[77] Ibid, s 25.

[78] Ibid, s 16.

[79] Ibid, s 27.

[80] GTA, supra note 15,s 31, 32.

[81] Ibid, s 27.

[82] Ibid, ss 35-36, 41.

[83] Ibid, s 43(1).

[84] Ibid, s 43.

[85] Ibid, s 44.

[86] Ibid, ss 37, 39, 40, 44-46, 48.

[87] Ibid, s 42; PTA, s 3.

[88] PTA, supra note 16, s 3.

[89] Ibid, s 33.

[90] GTA, supra note 15,s 2, 7-8.

[91] Ibid, ss 11, 20.

[92] Ibid, s 10.

[93] Ibid, s 12(2).

[94] Ibid, s 12.

[95] Ibid, s 13.

[96] Ibid, ss 14, 16, 18, 19.

[97] Ibid, ss 8, 25-26.

Disclaimer

This website explains the law in general. It is not intended to provide specific legal advice on individual legal problems and should not be relied upon as legal advice. The province and territory modules provide information on where to find legal help.

Contact Us

  [email protected]

  (604) 822-0142

www.bcli.org

© 2022 CCEL PRACTICAL GUIDE