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

Craft Culture Events hosts its first of four summer markets at Prospera Place in Kelowna (Craft Culture Events/Contributed).
Kelowna’s Prospera Place summer market a success

Craft Culture Events hosts its first of four summer markets and vendors were ‘excited’ to be back

Lightning in Kelowna, B.C. (Contributed)
Severe thunderstorm watch in effect for Okanagan

Conditions are favourable for the development of severe thunderstorms overnight

(Dave Ogilvie/Contributed)
UPDATE: West Kelowna fire crews rescue injured mountain biker

The injury took place at the top of Smith Creek Road

Kelowna flags were flown at half-mast after the discovery of a residential school burial site in Kamloops. (File photo)
Central Okanagan school board chair reflects on recent tragedies

Moyra Baxter offers condolenses to residential school victims, slain Muslim family

The RCMP presence in Central Okanagan public schools is being reviewed by the board of education. (File photo)
RCMP presence welcomed in Central Okanagan public schools

Staff survey feedback overwhelmingly positive from students, staff and parents

Canadian Prime Minister Justin Trudeau participates in a plenary session at the G7 Summit in Carbis Bay, England on Friday June 11, 2021. THE CANADIAN PRESS/Adrian Wyld
Canada donating 13M surplus COVID-19 vaccine doses to poor countries

Trudeau says the government will pay for 87 million shots to be distributed to poor countries

Jane Linden
KCR: Volunteering keeps you active

Kelowna Community Resources shares stories of its volunteers in a weekly column

Premier John Horgan speaks as provincial health officer Dr. Bonnie Henry, right, and health minister Adrian Dix look on during a press conference to update on the province’s fall pandemic preparedness plan during a press conference from the press theatre at Legislature in Victoria, Wednesday, Sept. 9, 2020. THE CANADIAN PRESS/Chad Hipolito
B.C. officials to provide details on Step 2 of COVID reopening plan Monday

Step 2 could allow for larger gatherings and a resumption of recreational travel

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Longtime SOWINS volunteer Diane Fru (far left) walks with members of her family as they Walk To End Abuse Sunday, June 13, 2021. South Okanagan Women In Needs Society (SOWINS) raised a record amount this year. (Monique Tamminga Western News)
Walk to End Abuse in South Okanagan breaks fundraising record

More than $53,000 raised so far while the pandemic has increased need for SOWINS’ services

Indigenous Services Minister Marc Miller is seen during a news conference, Wednesday May 19, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Indigenous child-welfare battle heads to court despite calls for Ottawa to drop cases

Feds are poised to argue against two Canadian Human Rights Tribunal rulings

Two-year-old Ivy McLeod laughs while playing with Lucky the puppy outside their Chilliwack home on Thursday, June 10, 2021. (Jenna Hauck/ Chilliwack Progress)
VIDEO: B.C. family finds ‘perfect’ puppy with limb difference for 2-year-old Ivy

Ivy has special bond with Lucky the puppy who was also born with limb difference

A million-dollar ticket was sold to an individual in Vernon from the Lotto Max draw Friday, June 11, 2021. (Photo courtesy of BCLC)
Lottery ticket worth $1 million sold in Vernon

One lucky individual holds one of 20 tickets worth $1 million from Friday’s Lotto Max draw

Most Read