LAWS 2302 Lecture Notes - Lecture 2: Actus Reus, Criminal Negligence, Law Of Obligations
19 Feb 2014
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If the person (ex: police, psychologist, etc ) does not report child abuse, they can be charged with a provincial offence under the child and family services act. S. 2 quebec charter of human rights and freedoms: only in quebec, legal obligation to come to the aid of someone who is in danger. If someone is drowning, you must legally help them. Criminal code: general principle: an omission is not an offence unless there is a legal duty to act, s. 215: parental duties. Parents have a duty to take care of the child. Parents can be charged with criminal negligence if the child dies. If a child dies, from failure of parents providing this can be charged with criminal negligence for what has happened to the child. Guilty because failed to do this: s. 216: duties on medical professionals. Duty to exercise reasonable care when performing medical services: s. 217: duty on people who undertake acts.
