Fred van Zuiden turned 87 last month at a secure psychiatric hospital.
Visitors sang 鈥淗appy Birthday鈥� 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鈥檛 understand why he鈥檚 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鈥檚 heart gave out.
He鈥檒l ask again five minutes later.
鈥淣othing stays with him for very long.鈥�
Van Zuiden was found unfit to stand trial earlier this year. It鈥檚 left him in a state of limbo as the charge remains outstanding.
Alberta Justice says the Crown hasn鈥檛 ruled out a stay of proceedings, but won鈥檛 do that without a plan to ensure public safety and van Zuiden鈥檚 well-being.
鈥淭his is such a unique case and it tests both the health system and the justice system significantly,鈥� said Walker鈥檚 son, Vince, the van Zuidens鈥� godson.
It also highlights some of the challenges courts face as Canada鈥檚 population ages. Statistics Canada conservatively projects almost one-quarter of Canadians will be over 65 by 2030 compared with 15 per cent in 2013.
鈥淥ur entire criminal justice system needs to come to grips with the fact that everybody is getting older,鈥� said Laura Tamblyn Watts, staff lawyer and senior fellow at the Canadian Centre for Elder Law.
鈥淲hat works for somebody who may be 25 years old just doesn鈥檛 work for somebody who鈥檚 85 years old.鈥�
The challenge is broader than just dementia.
鈥淚t鈥檚 hard to have a right to a fair trial if older people can鈥檛 hear the proceedings, can鈥檛 see the evidence, are having a hard time remembering the issues against them or are having a hard time accessing services,鈥� 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.
鈥淎nd 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,鈥� he said.
鈥淎nd then you end up with the health-care system saying, 鈥榃ell, but is he some level of risk?鈥欌��
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 鈥淐all Me Mom: A Dutch Boy鈥檚 WWII Survival Story.鈥� As his family separated and went into hiding, he was shuttled between strangers鈥� 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.
鈥淎ll he said was 鈥榖lunt instrument.鈥� He said, 鈥榊ou don鈥檛 want to go and see her. I wouldn鈥檛 advise it.鈥欌��
Walker said it鈥檚 possible van Zuiden thought he was under attack.
鈥淲hen the police talked to him he thought they were Nazis, so he might well have gone back into his previous life.鈥�
She said the officers handled the situation well.
鈥淭hey treated him kindly and with respect.鈥�
Walker and her son were part of a large contingent that came to court for each of van Zuiden鈥檚 appearances.
鈥淐ertainly seeing him in court that first time, it was heartbreaking,鈥� said Vince Walker. 鈥淪o lost.鈥�
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鈥檛 remembered as an accused murderer. But if that were to happen, he would no longer be the province鈥檚 responsibility and they would be left on their own. Staying at the psychiatry centre may be the best option for him.
鈥淲e want what鈥檚 best for Fred,鈥� said Valerie Walker.
Lauren Krugel, The Canadian Press
Like us on and follow us on .
