What is Neglect in Canadian Criminal Law?
Neglect can typically be thought of as a failure to provide necessary care. The term is typically associated with children, individuals with disabilities, and elders as they are more vulnerable.
Some common examples of charges that involve neglect include:
- Failing to provide the necessaries of life
- Child abandonment
- Elder abuse
Failure to Provide the Necessaries of Life:
A common charge related to neglect is the failure to provide the necessaries of life. This offence is outlined in Section 215 of the Criminal Code which states that anyone has a duty to provide the necessaries of life…
- to a child that is under the age of 16 as the parent or guardian
- to a spouse
- to a person under their charge who is unable to provide themselves with the necessaries of life.
One can be charged with this offence if, with reference to the above list, the person to whom the duty is owed to is without these necessaries, resulting in the endangerment of their life or health. If one is charged with this offence, it can result in a maximum of 5 years imprisonment.
Child Abandonment:
Child abandonment is outlined in Section 218 of the Criminal Code. Anyone can commit this offence if they unlawfully abandon a child who is under 10 years of age, resulting in the endangerment of that child’s health or injury. This can result in a maximum penalty of 5 years imprisonment.
Navigating charges related to neglect can be difficult. When navigating these charges, it is essential to have experienced lawyers by your side. Contact our office today at (905) 541-2228 or fill out a form to schedule a consultation. Allow us to provide you with expert guidance during this difficult time.