INTRODUCTION AND BRIEF DESCRIPTION
Section 218 makes it a criminal offense to abandon or expose a child under the age of ten, risking their life or permanently injuring their health.
SECTION WORDING
218 Every one who unlawfully abandons or exposes a child who is under the age of ten years, so that its life is or is likely to be endangered or its health is or is likely to be permanently injured, (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
EXPLANATION
Section 218 of the Criminal Code of Canada outlines the offence of unlawfully exposing or abandoning a child under the age of ten, resulting in a risk to their life or permanent injury to their health. This section is a critical element of the legislation aimed at protecting children from harm, as it identifies a specific form of neglect that can have devastating consequences. The types of situations that could lead to the application of this section include leaving a child unattended in a dangerous location, placing a child in an unsafe living environment, or failing to provide necessary medical attention to a sick or injured child. The offence can be committed either by intentionally exposing the child to harm or by acting recklessly and failing to take adequate precautions to protect them. The punishment for violating section 218 can range from imprisonment for up to eighteen months in less severe cases, to up to five years in more serious cases. The exact penalty will depend on factors such as the severity of the harm caused, the degree of recklessness or intent involved, and any previous criminal record of the defendant. Overall, section 218 represents an important legal tool for protecting vulnerable children and ensuring their safety, health, and well-being. By clearly defining the offence of child abandonment or exposure, the Criminal Code of Canada serves as a powerful deterrent against neglectful behaviour and highlights the importance of responsible caregiving for children.
COMMENTARY
Section 218 of the Criminal Code of Canada criminalizes the unlawful abandonment or exposure of a child under the age of ten, where the child's life is or is likely to be endangered, or their health is or is likely to be permanently injured. This law recognizes the vulnerability of children and their need for protection from harm and neglect. The section provides for different punishment options depending on the seriousness of the offence. An individual found guilty of unlawfully abandoning or exposing a child under this section may face imprisonment for up to five years if convicted on indictment or up to eighteen months if convicted on summary conviction. The severity of the punishment emphasizes the importance that society places on the protection of children. The offence of abandoning or exposing a child is a serious offence that requires intention or recklessness on the part of the offender. The act is considered illegal because it puts the child at risk of harm and neglect. Abandonment may occur in various forms, including physical abandonment, failure to provide basic needs such as food, clothing, and shelter, or exposing the child to dangerous situations. The health and safety of children are paramount, and this law recognizes the importance of preventing harm to them. The offence of abandoning or exposing a child under this section extends beyond the physical well-being of the child and also includes the child's emotional, social, and intellectual health. The law protects children from being left alone or exposed to danger by a parent or caregiver. The offence of abandoning or exposing a child does not only apply to biological parents but also to caregivers such as nannies, babysitters, and daycare workers. In situations where children are left in the care of these individuals, they have a responsibility to ensure that the children are safe and protected. Section 218 of the Criminal Code of Canada complements other laws aimed at protecting children, such as child welfare laws. The law recognizes the importance of holding individuals accountable for their actions and ensuring that they face the consequences for endangering the lives and health of vulnerable children. In conclusion, Section 218 of the Criminal Code of Canada is a critical law that protects children from harm and neglect. The law serves as a deterrent to anyone who may be considering abandoning or exposing a child to danger. It also recognizes the responsibility of caregivers and parents towards protecting children. The law emphasizes the importance that society places on the health and safety of children and plays a significant role in ensuring their well-being.
STRATEGY
Section 218 of the Criminal Code of Canada is a critical provision in child protection. It is aimed at preventing the abandonment or exposure of a child under the age of ten whose life may be endangered or is likely to be permanently injured. Although this section is an essential tool in protecting children, there are a few strategic considerations to keep in mind when dealing with the provision. One strategic consideration when dealing with section 218 is determining the threshold for establishing the offence. This means that the prosecutor must prove beyond a reasonable doubt that a child was unlawfully abandoned or exposed in a way that jeopardizes their life or health permanently. The prosecutor must, therefore, establish that the act was deliberate or reckless, and there was a clear intent to cause harm to the child. As such, the prosecutor must have strong evidence to meet this burden of proof. Another strategic consideration in dealing with Section 218 is the use of expert testimony in court. Expert witnesses, such as doctors and child psychologists, can provide essential evidence to the court regarding the impact of exposure or abandonment on a child's life. Their testimony can help explain the potential physical and emotional damage to the child, giving the court a better understanding of the child's situation. Also, it is crucial to consider the effect of the media when dealing with Section 218 cases. Child abandonment and exposure cases can spark intense public interest, and often, the media tends to sensationalize these cases. This attention can put pressure on law enforcement and prosecutors to pursue harsh sentences, which could affect the outcome of the case. It is essential to keep the media in check, minimize exposure or limit their reporting, where possible. In addition to the above, sentencing is also a critical consideration when dealing with Section 218 cases. The sentencing considerations are varied and includes the principles of sentencing, aggravating and mitigating factors, victim impact statements and the particular circumstances of the offence. In child abandonment cases, there is often a significant amount at stake, as a child's life or health is on the line. As such, the sentencing must reflect the harm caused to the child, and the sentence should be appropriate to deter similar conduct in the future. Strategies that could be employed when dealing with section 218 of the Criminal Code of Canada includes investigating cases thoroughly as child abandonment cases often come with unique factors. Through comprehensive investigation, the prosecutor can determine the best means to prove the offence or gather information that helps address the accused's culpability. In the same vein, prosecutors can consider alternative legal instruments to charge the accused, such as negligence. In addition, prosecutors can consider negotiating plea deals as another strategy, especially in cases with limited evidence or complex factual situations. This strategy can help to reduce costs and resource drain that an all-out trial might bring. Another strategy that courts can employ is intensive supervision measures, such as parenting classes or community service, for the accused in less egregious cases. In conclusion, section 218 is a critical tool in Canada's legal architecture as it is aimed at protecting children under ten years old from being unlawfully abandoned or exposed. It is, therefore, essential to consider the unique challenges posed by Section 218 cases when prosecuting or defending them. Some strategic considerations include meeting the high threshold for establishing the offence, using expert testimony, managing media exposure, and employing alternative legal instruments. Prosecutors can also consider plea deals or intensive supervision measures as part of their strategies in less egregious cases. Ultimately, these strategic considerations are crucial in ensuring that the legal system works as intended, protecting the most vulnerable members of our society.