INTRODUCTION AND BRIEF DESCRIPTION

Failure to perform a legal duty without lawful excuse, which endangers a persons life or causes permanent injury, is an offence.

SECTION WORDING

215(2) Every one commits an offence who, being under a legal duty within the meaning of subsection (1), fails without lawful excuse, the proof of which lies on him, to perform that duty, if (a) with respect to a duty imposed by paragraph (1)(a) or (b), (i) the person to whom the duty is owed is in destitute or necessitous circumstances, or (ii) the failure to perform the duty endangers the life of the person to whom the duty is owed, or causes or is likely to cause the health of that person to be endangered permanently; or (b) with respect to a duty imposed by paragraph (1)(c), the failure to perform the duty endangers the life of the person to whom the duty is owed or causes or is likely to cause the health of that person to be injured permanently.

EXPLANATION

Section 215(2) of the Criminal Code of Canada defines the offence of failing to perform a legal duty. This section applies to those who have a legal obligation to perform certain duties, such as providing the necessities of life, and fail to do so without a lawful excuse. The legal obligation may arise from a legal duty imposed by law or a contractual obligation. The section provides that the burden of proof lies on the accused to show that they had a lawful excuse for failing to perform their duty. The section also includes two different circumstances where the failure to perform a duty may constitute an offence: when the person to whom the duty is owed is in destitute or necessitous circumstances, or when the person's life or health is in danger. In the case of duties imposed by paragraphs (1)(a) or (b), which include providing the necessities of life, failing to perform the duty could endanger the life or health of the person to whom the duty is owed. This could be grounds for an offence under the section. Additionally, if the person is in destitute or necessitous circumstances, there may be an obligation to provide assistance under the law. In the case of duties imposed by paragraph (1)(c), which includes providing medical or surgical assistance, failing to perform the duty could also endanger the life or health of the person to whom the duty is owed. This could also be grounds for an offence under the section. Ultimately, Section 215(2) of the Criminal Code of Canada provides a legal mechanism for ensuring that individuals who have a legal obligation to perform certain duties are held accountable for their actions if they fail to perform those duties without a lawful excuse. It highlights the importance of fulfilling legal duties, particularly when they involve the life or health of another person.

COMMENTARY

Section 215(2) of the Criminal Code of Canada outlines the legal duty of individuals to provide for the basic necessities of life for those persons who are lawfully dependent upon them. The section makes it a criminal offence for an individual to withhold or fail to provide for the necessary food, shelter, clothing, medical attention or other necessities of life that a dependent person may require. The section is grounded in the legal and moral principles of duty and responsibility. It represents the fundamental principle that all individuals owe a responsibility to take care of those persons who are less fortunate or vulnerable. The section recognizes that certain individuals, who may be unable or incapable of providing for themselves, require the support and care of others to meet their basic needs. In addition to establishing a legal duty to provide, the section also imposes criminal sanctions for non-compliance. The section recognizes that the failure to fulfill one's duty in this regard can have serious consequences for those who are dependent upon the individual. Without the necessary support and care, dependent persons may experience serious health complications, injuries or, in extreme cases, even death. There are two main categories of legal duty imposed under Section 215(1) of the Criminal Code of Canada. The first category includes those individuals who have assumed a legal and/or moral obligation to provide for the basic necessities of life for a dependent person. This category includes parents, guardians, physicians, and other individuals who have assumed a role of care or authority over the dependent person. The second category of legal duty includes individuals who have taken on a voluntary responsibility for the care and support of a dependent person. Individuals who voluntarily commit to providing for the basic necessities of life for another person, whether in a personal or professional capacity, are considered to have assumed a legal duty under this category. In order for an individual to be found guilty of an offence under Section 215(2), the Crown must prove that a legal duty existed and that the accused has failed to provide for the basic necessities of life for the dependent person in question. The Crown must also establish that there was no lawful excuse for the accused's failure to perform their duty. The consequences for failing to fulfill one's duty under Section 215(2) can be severe. In addition to potential imprisonment, the accused may be subject to probation or other community-based sentencing options. The accused may also be ordered to compensate the dependent person for any damages or injuries that may have been sustained as a result of their failure to provide. Overall, Section 215(2) represents an important legal protection for dependent persons who may lack the ability or the means to provide for their own basic needs. The section establishes a clear legal and moral obligation for individuals to take care of others who may be less fortunate or vulnerable. By criminalizing the failure to fulfill this duty, the section seeks to ensure that all individuals are held accountable for their responsibilities to those who depend on them.

STRATEGY

Section 215(2) of the Criminal Code of Canada imposes a legal duty on individuals to provide necessities of life to those who are in destitute or necessitous circumstances, or to those whose life or health may be endangered permanently. The failure to perform this duty without lawful excuse can result in criminal charges. Thus, it is crucial for individuals and organizations to understand the implications of this section and to adopt appropriate strategies to avoid engaging in such offenses. One of the strategic considerations when dealing with this section is to clearly understand the legal duty imposed by paragraph (1)(a) or (b) of the code. This includes the obligation to provide a person with the necessities of life, such as food, clothing, and shelter, or to provide medical attention necessary for preserving the life or health of a person. Therefore, individuals and organizations should ensure that they are aware of their legal duty and have the necessary resources to fulfill it. Another strategy that could be employed is to assess the risk factors associated with section 215(2) violations. This includes identifying circumstances in which individuals may be in destitute or necessitous circumstances, or situations where failure to provide the necessities of life may endanger the life or health of another. For instance, organizations that work with vulnerable populations, such as the elderly or homeless, may be at a higher risk of committing this offense, and should take proactive measures to prevent it from happening. Training and education are also effective strategies to prevent section 215(2) violations. Individuals and organizations should be trained on their legal obligations and on ways to identify situations in which the legal duty to provide the necessities of life arises. For instance, employers may provide training on the duty to provide medical assistance in emergency situations to their employees. Another effective strategy is to adopt policies and procedures to ensure compliance with section 215(2) of the code. This includes developing protocols for providing the necessities of life and for seeking medical attention in emergency situations. Organizations that work with vulnerable populations may also adopt screening procedures to identify individuals who are in destitute or necessitous circumstances and to provide appropriate assistance. In conclusion, section 215(2) of the Criminal Code of Canada imposes a legal duty that individuals and organizations must fulfill. Failing to do so without lawful excuse can result in criminal charges. Therefore, it is crucial for individuals and organizations to understand the legal duty imposed by this section and adopt appropriate strategies to prevent section 215(2) violations. These strategies may include training and education, risk assessment, policy development, and resource allocation.