Child Abuse

While there is no specific offence called “child abuse” in the Criminal Code, all acts of abuse against children are crimes in Canada. Physical and sexual abuse fall under general assault and sexual offence legislation, though the act of spankingPhysical discipline of a child; Canadian law allows only very limited corrective force. a child is specifically addressed. Other broad categories of child abuse are detailed below.

Depending on the circumstances, spanking a child could be illegal, according to a Department of Justice (DoJ) document (Criminal Law and Managing Children's Behaviour.) That is because s.43 of the Code states that every schoolteacher, parent or person standing in the place of a parent "is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances." The DoJ document adds that spanking may be considered child abuse under provincial and territorial laws and could "lead to action taken by child protection authorities." In 2004, the Supreme Court of Canada found (Canadian Foundation for Children, Youth and the Law v. Canada) that s.43 was constitutional and consistent with the Canadian Charter of Rights and Freedoms, while significantly narrowing its application, ruling that parents can only use physical punishment that is minor or "transitory and trifling" in nature. Physical punishment cannot be used on children younger than two or older than 12, and cannot be used in retaliation for something a child did. The court added that the seriousness of the child's misbehaviour is not relevant, as the force used "must be minor, no matter what the child did."

Offences related to some forms of psychological or emotional abuse of children often involve using words or actions to control, isolate, intimidate or dehumanize them. Harassment Section 264 of the Code prohibits criminal harassment. The offence requires that the conduct cause the other person, reasonably in all the circumstances, to fear for their own safety or the safety of someone they know. "Reasonably" means the fear must be objectively justifiable, not merely felt. If the charge is treated as an indictable offenceA more serious type of Canadian criminal offence. you could face up to 10 years in prison, or a less harsh sentence if the charge is treated as a summary convictionUsed for lesser offences. uttering threatsSaying, writing, or conveying a threat to kill, harm, damage property, or harm an animal. If you were to verbally threaten a child, you could be charged with uttering threats under s.264.1(1) of the Code. Threatening to cause death or bodily harm is a hybrid offenceAn offence the Crown can proceed with summarily or by indictment.: if the Crown proceeds by indictment the maximum is five years in prison; a lower sentence applies on summary conviction. If you threaten to burn, destroy or damage property, or to kill or injure an animal as part of that threat, this is also a hybrid offence: the maximum on indictment is two years in prison, with a lower sentence on summary conviction.

There are several Criminal Code offences related to neglect in a family context.

Failure to Provide the Necessaries of Life Section 215 of the Code makes it a legal duty for a parent, foster parent, guardian, or head of a family to provide necessaries of life for a child under 16. This charge can be laid if a failure to perform that duty endangers a child's life or causes, or is likely to cause, the child's health to be permanently injured. The Code also says that proof of one month without providing the necessaries of life to a child under 16 is treated at trial as proof of failure without lawful excuse, unless there is evidence to the contrary.

If this charge is handled as an indictable offence, the maximum penalty is five years in prison. Lower maximums apply if it is prosecuted by summary conviction.

Child Abandonment Section 218 of the Code makes it illegal to abandon a child under 10 so that the child's life or health is, or is likely to be, endangered. If the charge is prosecuted as an indictable offence, the maximum penalty is five years in prison. Lower maximums apply on summary conviction.

Criminal Negligence Section 219(1) of the Code defines criminal negligence as doing something, or failing to do something that is a legal duty, in a way that shows wanton or reckless disregard for the lives or safety of others. If a child suffers bodily harm because of criminal negligence, s.221 carries a maximum penalty of 10 years in prison on indictment, or a lower maximum on summary conviction. If a child dies because of criminal negligence, s.220 carries a maximum penalty of life imprisonment. If a firearm was involved, there is also a mandatory minimum sentence of four years in prison.

Theft by Person Holding power of attorneyAuthority to act for another person in financial matters Section 331 makes it a crime for someone who has been given a power of attorney over property, meaning legal authority to manage or sell someone else's real estate or other belongings, to fraudulently sell, mortgage, pledge or otherwise deal with that property, or to pocket the proceeds for an unauthorized purpose. Section 331 makes it theft for a person entrusted with a power of attorney over property to fraudulently deal with that property for a purpose other than the one authorized. The value-based classification and penalties are set by s. 334. Theft over $5,000 can carry up to 10 years by indictment. Theft of $5,000 or less can carry up to two years by indictment or may proceed by summary conviction. If the value was $5,000 or less and the charge is treated as an indictable offence, the maximum penalty is two years in prison, with less harsh sentences for charges treated as summary convictions.

For any of these offences, the Crown must prove beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that you committed each element of the charged offence. For example, in an assault charge, the Crown must prove that you intentionally applied force; in a neglect charge, it must prove that you failed a legal duty without lawful excuse. The judge or jury will assess the credibility of all witnesses, including any child who testifies, as part of deciding whether the Crown has proved the case. If there is a reasonable doubt about any essential element of the offence, you must be acquitted. Your lawyer may also be able to argue that your rights under the Canadian Charter of Rights and Freedoms were violated during the police investigation, which could affect whether certain evidenceInformation presented in court to prove or disprove facts. can be used against you.

The Criminal Code does not use 'child abuse' as one single offence name. Abuse or neglect of a child may be charged under specific offences such as failure to provide necessaries of life, abandoning a child, assault, aggravated assault, sexual offences against young people, or other offences depending on the facts. Abuse of a person under 18 is also treated as an aggravating factor at sentencing.

The Criminal Code also contains a limited corrective-force provision in s. 43. Its scope is narrow and fact-specific. This page does not give advice about whether it could apply in any individual case.

Related offences may include criminal negligence, child pornography, child luring, abduction, uttering threats, or homicide offences, depending on the facts.