Child Endangerment and Criminal Law in Canada

"Child endangerment" is common public language. It is not the name of a single offence in the Criminal Code.

When people search for "child endangerment," they are usually describing conduct that puts a child at risk. Depending on the facts, that conduct may be dealt with under different parts of the law. It may also be handled outside the criminal system, by child-welfare services, schools, or family supports.

Depending on the facts and the evidence, the law that applies may include offences and responses such as:

• failing to provide the necessaries of life to a child;
• abandoning or exposing a child;
• criminal negligence;
• assault offences; and
• child-welfare intervention by a provincial agency.

Each of these has its own rules. Our Child Abuse page explains the related offences. This guide does not list penalties, because the right offence, and any penalty, depends entirely on the facts.

A child under 12 cannot be convicted of a criminal offence for an act or omission committed while under 12.

The youth criminal justice system applies to young people aged 12 to 17. For a child under 12, criminal prosecution is not used against that child, although police, schools, child-welfare agencies, or family supports may still become involved.

Adults can still be investigated or charged if their own conduct put a child at risk. The fact that a child under 12 cannot be prosecuted does not mean no one can be. You can read more on our Youth Criminal Justice Act page.

A parent or family member does not "press charges." In Canada, the police investigate, and Crown prosecutors decide whether a charge proceeds. Even where no criminal charge is laid, child-welfare, school, family-support, or police safety responses may still happen.