CRM 2300 Lecture Notes - Lecture 5: Foster Care, Criminal Negligence, Objective Test

• School: University of Ottawa
• Department: Criminology
• Course: CRM 2300
• Professor: Vajmeh Tabibi

Document Summary

Omission in criminal code of canada: failure to act (form of criminal negligence) Can a failure to act constitute a criminal offence: the general principle, no liability for omission unless there is a pre-existing duty to act, voluntarily assuming a legal duty under sect. Specific legal duties: the duty to provide the necessity of life to dependent person, sect. 215 (1: defines who"s under legal duty, guardian, foster parent, or having someone dependent on you etc, sect. 215 (2: sets out the offences in case of any violation to the previous section. 11(d: when proof lies on the accused it posed a charter challenge. Court appeal: the crown must prove beyond a reasonable doubt that the accused did not have a lawful excuse for failure to provide necessaries, cannot be saved under sect. Criminal charges in failure to act (not on mid-term)