Years ago, I was told a story about an older man in a care home who would refuse to sit at the dining room table. He would just stand there. At times, staff found him agitated and difficult, trying repeatedly to make him sit. Eventually, they learned the truth: he was simply a gentleman, waiting politely for the female staff to take their seats first.
Stories like this remind us that what are often called “responsive behaviours” among people with dementia are not arbitrary mischief; they are symptoms of unmet needs, misunderstandings, or a lifetime of ingrained habits.
Sometimes, these circumstances escalate to aggression, and that is when the justice system can become involved. People with dementia can be arrested or charged for behaviours that are not truly criminal, but rather expressions of confusion, frustration, or unmet needs. Being drawn into the criminal justice system is not only unfair; it can also be dangerous and can worsen symptoms, making these situations even more tragic.
As dementia rates increase, we are seeing an uptick in these types of cases across Canada, making it urgent for all levels of government and other stakeholders to address.
New Brunswick’s new dementia strategy and action plan is a welcome step forward on this front. Released in January, the strategy rightly focuses on the fundamentals: raising awareness, improving timely diagnosis, supporting care partners, strengthening the workforce, and helping systems work together more smoothly. Investments in the U-First! training program for caregivers and the appointment of a dedicated Minister of Seniors with budgetary control signal a meaningful commitment to building the systems that people with dementia and their families need.
The provincial strategy also speaks about dignity. That language is welcome. It reflects a growing recognition that dementia is not just a medical issue, but a human one that cuts across government departments. How we design health, social and justice systems for people with dementia says a lot about what we value as a society.
This is where behavioural supports come in. The strategy commits to integrating behavioural supports in a variety of settings to help people with dementia and their care partners who are experiencing responsive behaviours.
But this action is not scheduled until year three of the plan. More urgent steps are needed now, including enhanced training for police, prosecutors, defence lawyers, and judges. This training is essential to help prevent unnecessary arrests, charges, and convictions. These are the kinds of issues that will be discussed at Dementia Justice Canada’s upcoming online symposium on dementia and human-centred justice.
New Brunswick’s dementia strategy is a good beginning. It sets the groundwork for better coordination and support. But it could go further by addressing the intersection of dementia and the criminal justice system. With the right refinements, it can help ensure that people with dementia are supported rather than criminalized. This is not just about care; it’s about protecting dignity and fairness when people need it most.
Heather Campbell Pope is founder of Dementia Justice Canada.
