As of July 1, 2024, there were 7,820,121 people in Canada aged 65 years and older which made up approximately 18% of the Canadian population. [1] In addition, after several years of immigration as of 2021, one in four people in Canada (26.5%) were from a racialized population, which was twice the corresponding amount (13.4%) compared to 2001.[2] As a response, legal professionals should strive to meet the unique needs of seniors from diverse backgrounds by providing accessible services curated through relevant knowledge and awareness of their clients’ intersectional backgrounds such as age, gender and ethnicity.
In order to achieve this, here are some factors to consider when addressing cultural competence in elder law that legal professionals should consider when serving their clients.
Firstly, it is important to provide accessible services in the client’s language to ensure they have full understanding of their situation, the lawyer’s services and the lawyer’s fees. Interpretation services can be accessed online through various sources such as:
Across Languages Translation & Interpretation Services
515 Richmond Street, Unit 3
London, Ontario N6A 5N4
Phone: (519) 642-7247
Toll Free: 1-866-833-7247
Emergency Service: (519) 642-3003
Fax: (519) 642-1831
Email: al@acrosslanguages.org
Barbra Schlifer Commemorative Clinic, Interpreter Service
489 College Street, Ste 503
Toronto, Ontario M6G 1A5
Phone: (416) 323-9149 ext.236
Fax: (416) 323-9107
Email: is@schliferclinic.com[3]
Secondly, it is important to be aware of the cultural normalities of that individual that can often result in cross-cultural misunderstandings. For example, a client who provides a witness statement but does not hold eye contact may appear less credible than another individual who does, or another example could be a client who has a language barrier but does not immediately communicate their need for an interpreter. These types of misunderstandings could reduce the quality of service, ultimately creating a barrier for that individual to access legal services.[4] These cross-cultural misunderstandings can arise regardless of age.
It is therefore important to recognize the ways that diversity intersects with age, specifically, when providing legal services to elderly clients. Not only do older individuals carry with them the various factors of diversity (i.e. as with any population, older individuals may be persons of colour, immigrants, refugees, and/or identify as LGBTQIA+ etc.), they also have a wealth of experiences (by virtue of their age), that make them an increasingly unique population to serve.[5]
One example of a way in which cross-cultural misunderstandings can intersect with age specifically, is that in some cultures, direct eye contact may be viewed as a sign of disrespect when dealing with older people and authority figures.[6] A lawyer providing services to a diverse and elderly client base should familiarize themselves with the cultural norms of their clients to avoid such misunderstandings.
A further illustration of why it is important to practice as a culturally competent lawyer is the following scenario: your elderly client may live in a multigenerational home where it is the norm to seek input from other family members prior to making important decisions (i.e. regarding their estate plan, medical or care related decisions etc.).[7] In the context of estate planning, there may be cultural influences guiding the elderly client’s decision making.[8] Because elderly people can be susceptible to abuse, control, or undue influence, it is important for a lawyer to not only be aware of red flags for such abuse, but to consider possible red flags within the context of the cultural norms of each client. For example, certain behaviour that may give rise to potential concern in one matter, may not be reason for concern in another, depending on the relevant cultural norms.
Lastly, respectful recognition that while one cannot know everything there is to know to be fully culturally competent, as a legal professional, it is our continuing responsibility to strive to find out.[9] It is important to keep the conversation going and to learn from others regarding their diverse backgrounds. By providing a safe space to raise awareness of both one’s own cultural beliefs and biases as well as acknowledging the value and truth in the realities of others, provides an opportunity to learn how to be aware of the needs of others. For example, being mindful of your language and tone when speaking to your client.
In conclusion, as Canada is considered a cultural mosaic, it is important to recognize that to meet the unique needs of our seniors from diverse backgrounds in the legal practice, we need to create accessible legal services through the use of interpretation services, addressing our own biases and developing relevant interpersonal skills when working with these diverse groups.
[6] Pay, Cynthia, “Teaching Cultural Competency in Legal Clinics,” Journal of Law and Social Policy Vol. 23 Art 12, 2014.
Any article or other information or content expressed or made available in this Section is that of the respective author(s) and not of the OBA.