INTRODUCTION AND BRIEF DESCRIPTION
Section 214 of the Criminal Code of Canada defines abandonment or exposure as a willful omission to take charge of a child or dealing with a child in a risky manner without protection by a legal duty holder.
SECTION WORDING
214 In this Part, "abandon" or "expose" includes (a) a wilful omission to take charge of a child by a person who is under a legal duty to do so, and (b) dealing with a child in a manner that is likely to leave that child exposed to risk without protection;
EXPLANATION
Section 214 of the Criminal Code of Canada pertains to the offense of abandoning or exposing a child. It defines the term abandon" or expose" in two ways: firstly, as a deliberate decision to not take care of a child when someone has a legal obligation to do so; and secondly, as any behavior or action that puts a child in danger without adequate protection. This section of the Criminal Code serves to protect children from neglect and abuse. It recognizes the fact that caretaking and protection are fundamental responsibilities of adults towards children. By defining the offense of abandonment or exposure, the section makes it clear that any individual who has a legal duty to take care of a child but fails to do so, or puts a child at risk, is committing a criminal act. The significance of this section lies in the fact that it criminalizes forms of child neglect and abuse that may be less obvious than physical harm or sexual abuse. For example, a parent who fails to provide adequate food, shelter, or medical care to their child could be charged with child abandonment or exposure. Similarly, a caregiver who leaves a child alone in a potentially dangerous situation, such as leaving them unattended in a hot car, could face criminal charges. In summary, section 214 of the Criminal Code of Canada defines a crucial aspect of child protection and ensures that those who neglect or endanger children can be held accountable for their actions.
COMMENTARY
Section 214 of the Criminal Code of Canada deals with the criminal offence of abandonment or exposure of a child. The section makes it clear that abandonment and exposure does not only refer to physical desertion or leaving a child in a dangerous situation, but also includes a wide range of behaviours that could endanger a child's safety and wellbeing. The first aspect of the section mentioned is wilful omission to take charge" of a child by a person who is legally responsible for that child's care and protection. This can include parents, guardians, and any other person who has been given legal responsibility for a child's welfare. The offence could be committed, for example, where a parent deliberately leaves a child unattended despite knowing that the child is at risk of harm. In such cases, the offender has failed to provide the care and supervision that is expected of them and has breached their legal duty to protect the child. The second aspect of the section is dealing with a child in a manner that is likely to leave that child exposed to risk without protection". This could refer to a wide range of behaviours, including neglect, emotional abuse, physical abuse, or sexual abuse. For example, a caregiver who physically abuses or sexually exploits a child in their care could be charged under this section of the Criminal Code. Similarly, a parent who habitually fails to provide their child with necessary medical care, food, clothing or shelter could also be charged. It is important to note that exposure or abandonment of a child can have long-lasting and damaging effects on their psychological, emotional, and physical development. Children who have experienced neglect or abuse often suffer from trauma that can affect them later in life and make it difficult for them to form healthy relationships and reach their full potential. Therefore, it is vital that the law provides adequate protection for children and holds accountable those who harm or neglect them. Section 214 of the Criminal Code of Canada serves as a reminder to all caregivers that they have a legal duty to protect the children in their care. It also makes clear that parents and guardians who commit acts of neglect or abuse could face criminal charges, and would rightly be held accountable for their actions. The provision helps to ensure that the rights of children are respected and protected, and that offenders who harm or neglect them are brought to justice. In conclusion, Section 214 of the Criminal Code of Canada serves as an important safeguard for children and a deterrent to would-be offenders. By providing a clear definition of the offence of abandonment or exposure of a child, the provision helps to ensure the safety and wellbeing of vulnerable children, and holds accountable those who cause them harm. It is a vital part of the legal framework that protects the rights of children and ensures that they are treated with care, respect, and dignity.
STRATEGY
Strategic Considerations When Dealing with Section 214 of the Criminal Code of Canada Section 214 of the Criminal Code of Canada defines the crime of abandoning or exposing a child. The section covers two scenarios: (a) a willful omission to take charge of a child by a person who is under a legal duty to do so and (b) dealing with a child in a manner that is likely to leave that child exposed to risk without protection. When dealing with cases involving this section, several strategic considerations should be taken into account to ensure a successful prosecution. This paper discusses some of the strategic considerations and strategies that could be employed in section 214 cases. 1. Clarify the Legal Duty to Take Charge of the Child The first strategic consideration when dealing with section 214 cases is to clarify the legal duty to take charge of the child. Section 215 of the Criminal Code of Canada specifies who is under a legal duty to provide necessaries of life, including food, shelter, and medical attention, to a child. These individuals include parents, guardians, foster parents, and anyone who assumes care, charge, or control of a child. By clarifying who is responsible for the child, the prosecution can build a strong case against the accused. 2. Establish the Intent of the Accused The second strategic consideration is to establish the intent of the accused. For a person to be guilty of abandoning or exposing a child, there must be a wilful omission to take charge of the child or to deal with the child in a manner that leaves them exposed to risk without protection. Therefore, the prosecution must prove that the accused acted knowingly and intentionally. Evidence of the accused's actions, statements, and prior behavior can be used to establish their intent. 3. Document the Risk Faced by the Child The third strategic consideration is to document the risk faced by the child. The prosecution must show that the child was exposed to a risk of harm by the accused's actions or omissions. This risk can include physical harm, emotional harm, psychological harm, or sexual harm. Documenting the risk faced by the child may involve medical reports, witnesses' statements, police reports, and other evidence that establishes the harm caused or potentially caused to the child. 4. Ensure the Child's Cooperation and Testimony The fourth strategic consideration is to ensure the child's cooperation and testimony. In most section 214 cases, the child is the victim, and their testimony is crucial in securing a conviction. However, children may be reluctant to testify due to fear, trauma, or other reasons. Therefore, prosecutors must ensure that the child is comfortable and prepared to testify. This may involve providing the child with emotional support, explaining the court process, and preparing the child to give evidence without undue stress. Strategies That Could be Employed in Section 214 Cases 1. Investigate the Accused's Background One strategy that could be employed in section 214 cases is to investigate the accused's background. This may involve looking into the accused's criminal record, personal life, and previous interactions with the child. By understanding the accused's background, the prosecution can anticipate potential defenses and challenges and build a stronger case. 2. Build a Network of Support for the Child Another strategy is to build a network of support for the child. This may involve involving therapists, social workers, and other professionals who can provide emotional and psychological support to the child. Building a support network for the child can help them to recover from the trauma and to function better during court proceedings. 3. Seek a Plea Bargain A third strategy is to seek a plea bargain. In some cases, the accused may be willing to plead guilty to a lesser charge, such as neglect or failure to provide necessaries of life, in exchange for a reduced sentence. A plea bargain can save the child from having to testify in court, and the prosecution can secure a conviction without the expense and uncertainty of a trial. Conclusion In conclusion, section 214 of the Criminal Code of Canada defines the crime of abandoning or exposing a child. When dealing with cases involving this section, several strategic considerations and strategies should be taken into account to ensure a successful prosecution. By clarifying the legal duty to take charge of the child, establishing the intent of the accused, documenting the risk faced by the child, ensuring the child's cooperation and testimony, investigating the accused's background, building a support network for the child, and seeking a plea bargain, prosecutors can increase their chances of securing a conviction and justice for the victim.