A still from the film Stolen Time: lawyer Melissa Miller reviews footage from a long-term-care room camera. (photo from National Film Board of Canada)
“I’m only at the beginning of this fight,” says lawyer Melissa Miller in the documentary Stolen Time, written and directed by Jewish community member Helene Klodawsky. Miller, of Toronto firm Howie, Sacks & Henry LLP, is lead counsel in mass tort claims against for-profit long-term-care corporations Extendicare, Revera Inc. and Sienna Senior Living.
Stolen Time will screen in Vancouver March 21 at VIFF Centre – Vancity Theatre, as part of a national release that includes Edmonton, Toronto and Montreal. The film is a joint production of Intuitive Pictures Inc. (with Jewish community member Ina Fichman at the helm) and the National Film Board of Canada (Ariel Nasr, producer).
To give readers an idea of what Miller is up against, there is a scene in the film where the private investigator she has hired, Brett Rigby, shares some financial data. According to Rigby’s documents, Extendicare had a revenue of $1.1 billion in 2019, $91 million in earnings and $42 million cash dividends declared – “and they’re locking up incontinence pads,” remarks Miller.
The film notes that “a few hundred family clients have grievances against these companies,” the most common complaints being serious dehydration, malnutrition, injuries and misdiagnoses. The homes apparently meet the requirements for staffing, but at least one person is off at any given time, so they are consistently understaffed. There seems to be no regulatory oversight, while the companies bring in record profits, the film contends.
Miller has been suing for-profit nursing home corporations in Canada and elsewhere for negligence since 2018, both in mass tort (class action) claims and independent cases against various facilities, one of which is featured in the documentary.
Video clips of residents experiencing abuse juxtaposed with family videos of the long-term-care residents when they were healthy allow viewers to see the people more fully and the depth of the injustices more clearly. Miller contends that it isn’t the staff who are to blame, generally, but rather that the staff aren’t given adequate resources by the companies, who could afford to do something but don’t.
A complicating factor in effecting change is that, for example, Revera is owned by a Canadian Crown corporation, ie. the federal government, notes the film. As COVID ravaged nursing homes in 2020, with thousands of residents dying, “governments across North America pass[ed] legislation to protect them from lawsuits.”
“Today, nursing home chains around the world have become sites for wealth extraction by investors and shareholders,” writes Klodawsky in her director’s statement. “At its core, such financialization of care ties frail elders to overworked, racialized and predominantly female staff. When public pension fund managers, private equity and real estate companies help set the rules, compassion and dignity fall by the wayside. Nonetheless, rapidly expanding populations of the frail elderly, combined with shrinking numbers of family caregivers, ensure a steady stream of residents.”
People interviewed in Stolen Time include Dr. Pat Armstrong, a sociologist and professor at York University; Lisa Alleyne, a personal support worker who has worked in for-profit nursing homes (she is also an artist and her illustrations of what some long-term-home residents face are powerful); Rai Reece, who writes and teaches on anti-Black racism; Jackie Brown, who researches how publicly traded companies make money for investors; Jason Ward, who investigates how public pension funds are invested in for-profit nursing homes globally; Katha Fortier, who has been fighting for the rights of care workers for decades; Ayesha Jabbar, a former social worker who became a union rep; and members of a couple of the families Miller is representing.
Stolen Time is an engaging film that raises a lot of important questions about how nursing homes are run. It is unfortunate that it doesn’t include any interviews or statements from company representatives or government officials.
The post-screening panel discussion in Vancouver will feature Sara Pon, staff lawyer and researcher at Seniors First BC, and co-chair of the BC Adult Abuse and Neglect Prevention Collaborative; Bruce Devereux, a recreation therapist with three-plus decades of experience in the not-for-profit aging care sector; and Julia Henderson, assistant professor in the department of occupational science and occupational therapy at the University of British Columbia, and chair of the North American Network in Aging Studies.
More information about the March 21 event and other screenings of the documentary at VIFF Centre will be posted at viff.org. A ticket link will also be posted at events.nfb.ca/events/vancouver-theatrical-special-panel-on-march-21.