A former Victoria licensed practical nurse has been sentenced to six months in jail for assaulting three residents who have dementia at the Selkirk Seniors Village last year.
In July, provincial court Judge Lisa Mrozinski convicted James Edward Christie of three counts of assault.
Mrozinski found Christie struck and used uninvited and unnecessary force against three patients in advanced states of dementia in April and May 2015.
“You struck at the private parts of two of the victims, causing them obvious pain. You caused the third victim to moan when you pressed your torso into her face, which you had covered with a blanket,” Mrozinski said Wednesday.
“These acts were intentional, cruel and, quite frankly, sadistic in their nature. The residents you assaulted were the most vulnerable of an otherwise vulnerable population.”
Elderly patients suffering from dementia are indistinguishable from infants in the sense they are so dependent on their caregivers, the judge said.
“The abuse of elders, particularly by a professional charged with their care, is an offence that causes the community to shudder,” she said. “People cannot live in daily fear that their loved ones might be abused in a care home. The very idea tears at the fabric of our society.”
The identity of the victims is protected by a court order. The daughter of one of the elderly men read her victim impact statement and her sister’s statement into the court record.
“At night, when I go to bed, my mind despairs at the unbearable fact that my dear old, completely vulnerable dad was cruelly brutalized by a licensed practical nurse in whose care he was entrusted,” she said, fighting back tears. “When I read the way he debased and tormented the other victims, I am broken-hearted.”
Her sister’s statement expressed the guilt she feels for allowing their father to be placed in care. “I had a hard time coming to trust that my dad would be OK in care, trusting those mostly excellent people who would be caring for him,” she said. “James Christie has made my nightmares a reality, and I don’t think I’ll be able to trust again.”
Mrozinski noted the deep sadness, sense of betrayal, anger and guilt felt by the victims’ families.
“It is apparent people feel confident that when they trust their beloved family members to residential care that those persons will be treated with care and dignity and respect,” the judge said. “When events like these assaults occur, it feeds into a sense of guilt, which is unfortunate. These families should know they’ve done nothing wrong by placing their elderly parent in care and that, by and large, these facilities are safe.”
The vast majority of care workers provide excellent care and are owed gratitude and respect, she said.
Crown prosecutor Patrick Weir asked the court to impose a nine-month jail sentence. Defence lawyer Geof Simair asked for a conditional sentence of 12 to 18 months, not requiring Christie to be imprisoned, plus a curfew and community service.
Mrozinski said a conditional sentence would not meet the objectives of general deterrence and denunciation.
“The assaults were an abuse of authority and an abuse of trust where elderly people can neither care for themselves nor defend themselves. The sentence must deter you and others from committing these offences. It must also denounce the crime. … People must know that any abuse will be met with significant consequences.”
Mrozinski found the fact that the assaults occurred over time and were not acts of impulse to be an aggravating factor.
“This was not a case of simply slapping a resident on a one-time basis in frustration. … This was an exercise in abuse of authority and the imposition of torment on helpless, elderly patients for your own benefit.”
Christie, 25, had no previous criminal record. His nursing licence has been suspended. He is taking a degree in business.
Mrozinski noted several people in the care community wrote character letters on Christie’s behalf. He also has the support of his family.
