Fred Van Zuiden, right, and his wife Audrey pose in this undated handout photo. Fred van Zuiden turned 87 last month at a secure psychiatric hospital. THE CANADIAN PRESS/HO - Vince Walker

Fred Van Zuiden, right, and his wife Audrey pose in this undated handout photo. Fred van Zuiden turned 87 last month at a secure psychiatric hospital. THE CANADIAN PRESS/HO - Vince Walker

Aging population challenges justice system

“Our entire criminal justice system needs to come to grips with the fact that everybody is getting older.”

Fred van Zuiden turned 87 last month at a secure psychiatric hospital.

Visitors sang “Happy Birthday” in Dutch, as his English is fading. Cake was allowed, but it had to be served with plastic cutlery and without candles.

Van Zuiden has dementia. In October 2016, Calgary police charged him with second-degree murder in the death of his wife of nearly six decades, Audrey. Loved ones have described them as soulmates.

They say he doesn’t understand why he’s at the Southern Alberta Forensic Psychiatry Centre, which he sometimes mistakes for a homeless shelter or a fancy resort.

He occasionally asks if he has ever been married. Valerie Walker, a longtime friend who grew up with Audrey in the United Kingdom, tells him he did have a spouse, but she died. When he asks how, Walker simply tells him his wife’s heart gave out.

He’ll ask again five minutes later.

“Nothing stays with him for very long.”

Van Zuiden was found unfit to stand trial earlier this year. It’s left him in a state of limbo as the charge remains outstanding.

Alberta Justice says the Crown hasn’t ruled out a stay of proceedings, but won’t do that without a plan to ensure public safety and van Zuiden’s well-being.

“This is such a unique case and it tests both the health system and the justice system significantly,” said Walker’s son, Vince, the van Zuidens’ godson.

It also highlights some of the challenges courts face as Canada’s population ages. Statistics Canada conservatively projects almost one-quarter of Canadians will be over 65 by 2030 compared with 15 per cent in 2013.

“Our entire criminal justice system needs to come to grips with the fact that everybody is getting older,” said Laura Tamblyn Watts, staff lawyer and senior fellow at the Canadian Centre for Elder Law.

“What works for somebody who may be 25 years old just doesn’t work for somebody who’s 85 years old.”

The challenge is broader than just dementia.

“It’s hard to have a right to a fair trial if older people can’t hear the proceedings, can’t see the evidence, are having a hard time remembering the issues against them or are having a hard time accessing services,” she said.

When people are found unfit to stand trial, the assumption normally is that with treatment they will eventually be well enough to face the accusations in court, said Patrick Baillie, a lawyer and forensic psychologist.

“And yet dementia is not going to get better. There is not going to be some time in the future when this individual is able to now understand at a level sufficient to be able to participate in the process,” he said.

“And then you end up with the health-care system saying, ‘Well, but is he some level of risk?’”

The van Zuidens met in Calgary and ran a sailboat business together. They had no children.

Van Zuiden chronicled his experience as a Jewish boy in Nazi-occupied Holland in his book “Call Me Mom: A Dutch Boy’s WWII Survival Story.” As his family separated and went into hiding, he was shuttled between strangers’ homes and lived in a chicken coop for a time.

Van Zuiden dialled 911 himself in the early morning of Oct. 4, 2016.

A detective broke the news to Walker that her friend was dead.

“All he said was ‘blunt instrument.’ He said, ‘You don’t want to go and see her. I wouldn’t advise it.’”

Walker said it’s possible van Zuiden thought he was under attack.

“When the police talked to him he thought they were Nazis, so he might well have gone back into his previous life.”

She said the officers handled the situation well.

“They treated him kindly and with respect.”

Walker and her son were part of a large contingent that came to court for each of van Zuiden’s appearances.

“Certainly seeing him in court that first time, it was heartbreaking,” said Vince Walker. “So lost.”

People at the hospital where van Zuiden is being housed tend to stay short term for court-ordered psychiatric assessments or long term if they have been found not criminally responsible for an offence.

The first visits to the psychiatry centre were tough.

At first, visitors were only able to interact with van Zuiden through a pane of glass and speaking through a phone. Now at least they can sit together in the dining room. Vince Walker said he wishes he could see his godfather play chess or basketball instead of hearing about it second-hand from staff.

Van Zuiden has been cleared by the Alberta Review Board to be moved to a secure seniors home in Calgary, but there were about a dozen people ahead of him on the waiting list in late November.

Loved ones want the charge to be stayed so that he isn’t remembered as an accused murderer. But if that were to happen, he would no longer be the province’s responsibility and they would be left on their own. Staying at the psychiatry centre may be the best option for him.

“We want what’s best for Fred,” said Valerie Walker.

Lauren Krugel, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

A tent housing a mobile vaccination clinic. (Interior Health/Contributed)
Second dose vaccinations accelerating throughout region: Interior Health

To date, more than 675,000 doses have been administered throughout the region

1914
It happened this week in 1914

June 13 - 19: Compiled by Dave Humphrey from the archived newspapers… Continue reading

Prince Charles Secondary School
School District 8 votes in favour of name change for Secondary School in Creston

In an act of reconciliation, a new name will be chosen for Prince Charles Secondary School

Kootenay-Columbia MP Rob Morrison. Photo courtesy Conservative Party of Canada.
MP Morrison appointed to parliamentary national security committee

Kootenay-Columbia parliamentarian one of five candidates appointed to national security committee

Repaving of Victoria Ave (3rd St. S. to 11th St. S.) began on Monday, June 12. Drivers are asked to please avoid the area for the remainder of the day, if possible. Please watch for and obey directions from flaggers and signage, as the detours will be moving regularly. Photo courtesy City of Cranbrook.
Road construction, repaving programs well underway

Local road construction and repaving work continue apace, as summer programs get… Continue reading

People line up to get their COVID-19 vaccine at a vaccination centre, Thursday, June 10, 2021 in Montreal. THE CANADIAN PRESS/Ryan Remiorz
Vaccines, low COVID case counts increase Father’s Day hope, but risk is still there

Expert says people will have to do their own risk calculus before popping in on Papa

A vial containing the Moderna COVID-19 vaccine is shown at a vaccination site in Marcq en Baroeul, outside Lille, northern France, Saturday, March 20, 2021. THE CANADIAN PRESS/AP/Michel Spingler
mRNA vaccines ‘preferred’ for all Canadians, including as 2nd dose after AstraZeneca: NACI

New recommendations prioritizes Pfizer, Moderna in almost all cases

Surrey Mayor Doug McCallum speaks at a press conference in August 2019 about provincial government approval of the city’s change to a municipal force, joined by councillors (from left) Mandeep Nagra, Allison Patton and Doug Elford. Members of the National Police Federation claim there is still no transition plan in place although Surrey RCMP’s contract with the city is due to end March 31.(File photo)
Elections BC approves petition application for referendum on Surrey policing transition

Application was filed under Recall and Initiative Act by the widow of a Surrey murder victim

(Black Press Media stock photo)
RCMP name 2015 homicide victim near Creston, investigation ongoing

26-year-old Clint Wolfleg was found dead in a private residence on May 31, 2015

Queen’s counsel Paul Doroshenko, a Vancouver lawyer, has been suspended from practice for two months after admitting that his firm mismanaged $44,353.19 in client trust funds. (Acumen Law)
High-profile B.C. lawyer suspended over $44K in mismanaged client trust funds

Queen’s counsel Paul Doroshenko admits to failing to supervise his staff and find, report the shortage

House Majority Whip James Clyburn, D-S.C., center left, reaches over to Rep. Maxine Waters, D-Calif., joined by Speaker of the House Nancy Pelosi, D-Calif., center, and members of the Congressional Black Caucus as they celebrate the Juneteenth National Independence Day Act that creates a new federal holiday to commemorate June 19, 1865, when Union soldiers brought the news of freedom to enslaved Black people after the Civil War, at the Capitol in Washington, Thursday, June 17, 2021. It’s the first new federal holiday since Martin Luther King Jr. Day was created in 1983. (AP Photo/J. Scott Applewhite)
Biden to sign bill making Juneteenth a federal holiday

New American stat marks the nation’s end of slavery

Athena and Venus, ready to ride. (Zoe Ducklow - Sooke News Mirror)
Goggling double-dog motorcycle sidecar brings smiles to B.C. commuters

Athena and Venus are all teeth and smiles from their Harley-Davidson sidecar

Kimberly Bussiere and other laid-off employees of Casino Nanaimo have launched a class-action lawsuit against the Great Canadian Gaming Corporation. (Chris Bush/News Bulletin)
B.C. casino workers laid off during pandemic launch class-action lawsuit

Notice of civil claim filed in Supreme Court of B.C. in Nanaimo against Great Canadian Gaming

A Photo from Sept. 2020, when First Nations and wild salmon advocates took to the streets in Campbell River to protest against open-pen fish farms in B.C.’s waters. On Dec. 17, federal fisheries minister Bernadette Jordan announced her decision to phase out 19 fish farms from Discovery Islands. Cermaq’s application to extend leases and transfer smolts was denied. (Marc Kitteringham/Campbell River Mirror)
Feds deny B.C.’s Discovery Island fish farm application to restock

Transfer of 1.5 million juvenile salmon, licence extension denied as farms phased out

Most Read