In Canada, there is no straight answer to this question. It is always best to seek legal advice. A general rule requiring citizens to report every crime does not exist. That said, in certain circumstances, you may be obligated to report.
What Does the Criminal Code of Canada Say About This?
The Criminal Code does not identify an obligation to report a crime. However, section 22 prohibits any person from counselling another person to be a party to an offence where that other person ends up being a party to that offence. Counselling a crime includes procurement, soliciting or inciting. It is important to note that it does not matter if the offence is committed in the same manner it was counselled. In this instance, a person could be responsible under the Criminal Code for failing to report the crime.
When Do You Have a Duty to Report a Crime in Ontario?
In Ontario, certain laws impose an obligation to report.
Child, Youth and Family Services Act:
The Child, Youth and Family Services Act specifies a duty to report when a child is in need of protection. This duty applies to every person. section 125 mandates a duty to report when a person has reasonable suspicions that a child has or is at the risk of suffering physical harm inflicted by a person responsible for the child. The same duty applies when you have reasonable suspicions that a person responsible for the child is failing to care for, provide for, supervise or protect the child. The duty to report also applies when you are reasonably suspicious that a child is being sexually abused, sexually exploited or trafficked.
People who perform professional or official duties with respect to children, and fail to report, are guilty of an offence under the circumstances listed above. If convicted, they may be liable to a fine of up to $5,000.
Examples of persons who perform professional or official duties with respect to children:
- Physician
- Nurse
- Dentist
- Psychologist
- Pharmacist
- Teacher
- Early childhood educator
- School principal
- Social worker
- Child care centre employee/operator
- Family Counselor
- Religious official
- Mediator and arbitrator
- Peace officer
- Lawyer
- Service provider
Fixing Long-Term Care Act
There is a similar duty to report in Ontario under the Fixing Long-Term Care Act. Section 28 specifies that a person shall report when they have reasonable suspicions that a long-term care resident is facing improper or incompetent treatment, harm or the risk of harm, abuse, neglect, unlawful conduct or misuse or misappropriation of their money or funding. Certain people are guilty of an offence if they fail to make a report.
Examples of People Who May Be Guilty of an Offence:
- Licensee of a long-term care home
- Officer or director of the long-term care home corporation
- Staff member of long-term home
- Person who provides professional services to a resident of the long-term care home in the areas of health, social work or social services work
- Peron who provides professional services to a licensee of the long-term care home in the areas of health, social work or social services work
Not Sure if You Have a Duty to Report?
If you witnessed something you feel uneasy about, but you are not sure whether you have an obligation to report, it is crucial to seek advice. Call us at (905) 541-2228 for expert legal advice to help you understand your duties and responsibilities under Canadian law.