Ministry report cites allegation of sexual abuse at long-term care home in Six Nations, Ont.

A stock image shows a care bed. An inspection report alleges a resident of a long-term care home was sexually abused by an employee. (Shutterstock - image credit)
A stock image shows a care bed. An inspection report alleges a resident of a long-term care home was sexually abused by an employee. (Shutterstock - image credit)

WARNING: This article mentions sexual abuse. 

A long-term care home in Six Nations of the Grand River is under review by the elected council after an Ontario government inspection revealed an allegation a staff member had sexually abused a resident — something that wasn't immediately reported to police.

In a report about Iroquois Lodge Nursing Home in Ohsweken that's dated Oct. 19, 2023, an inspector from the Ministry of Long-Term Care says a worker witnessed a colleague in a "sexual encounter" with a resident.

The ministry's director was not notified right away, as is required under provincial legislation, but rather the next day, the report says. The home didn't notify the police, as is also required.

"Failure to immediately report the sexual abuse to police resulted in potential risk to residents due to lack of police investigation," the inspector wrote.

The inspection took place over August and September 2023, and involved reviews of clinical records and interviews of staff. The report does not say when the alleged abuse happened. However, according to the ministry, the previous inspection took place in June and July 2023.

The report also does not say what repercussions, if any, the staff member involved in the incident faced.

The inspector issued three written notices to Iroquois Lodge related to the incident, including failing to protect a resident from sexual abuse and report it immediately to the director and police.

Elected council conducting review

Six Nations police did not respond to CBC Hamilton's request for comment about whether the home has since reported the incident to them.

Markham, Ont.-based Extendicare — which operates 126 long-term care homes across Ontario, Manitoba and Alberta — managed Iroquois Lodge until July 2023, it said in a request for comment from CBC Hamilton.

It didn't answer questions about the quality of care at Iroquois Lodge while under its management.

The home is now run by Six Nations Health Services, a department of the elected council.

The current elected council, which was sworn in on Nov. 7, learned of the inspection report in late November, it said this week, adding it would be conducting a review.

"Certain alleged incidents" are of "serious concern," the elected council said in a statement to media. "As a result, a thorough review will be conducted of existing policies, clinical processes and procedures to ensure that Iroquois Lodge residents and their families receive the highest standards of quality care."

The elected council said it would provide updates as information becomes available.

Other issues found at care home

Iroquois Lodge is unlikely to face any provincial penalty for failing to immediately report the incident to police, said Jane Meadus, a solicitor with Ontario-based Advocacy Centre for the Elderly.

Written notifications such as the ones written by the inspector to the lodge have "no teeth," and unlike orders, don't require any followup inspections, said Meadus.

Jane Meadus, who's with the Ontario-based Advocacy Centre for the Elderly, says the definition of 'sexual abuse' of residents by long-term care staff is broad under provincial legislation. (CBC)

"These are very serious issues and the ministry really doesn't do anything about them," she said.

But the reporting requirements are necessary to protect residents, she said.

The ministry didn't directly respond to CBC Hamilton's question about why it issued written notices.

report released in September 2023 by Ontario's ombudsman, Paul Dubé, flagged an overly lenient inspection system of long-term care homes in Ontario, especially since the start of the COVID-19 pandemic. Among his recommendations were that the ministry "issue immediate compliance orders for situations where residents are at an ongoing risk of serious harm" and "ensure that any third parties supporting or managing long-term care homes know they must report serious concerns to the ministry immediately, by law."

Meadus also said the definition of "sexual abuse" of residents by long-term care staff is broad under provincial legislation and includes non-consensual or consensual touching, behaviour or remarks of a sexual nature or sexual exploitation. That doesn't always meet the bar for criminal charges, she said.

However, police are required to make that determination, not the long-term care homes, she added.

The inspection report detailed other issues at Iroquois Lodge, including lack of proper skin and wound care. Iroquois Lodge also didn't ensure a vulnerable sector check was done for two staff members hired last year and one in 2022, and "placed residents at risk," the report says.

Support is available for anyone who has been sexually assaulted. You can access crisis lines and local support services through the Ending Violence Association of Canada database. If you're in immediate danger or fear for your safety or that of others around you, please call 911.