Canadian Criminal Law/Offences/Abduction of a Young Person

Elements of the Offence
Abduction (s.283)
 * 1) the identity of the accused as the culprit
 * 2) the location of the incident
 * 3) the time and date of the incident
 * 4) the accused is a parent, guardian, or custodian of the victim
 * 5) the victim is under the age of 14
 * 6) the accused "unlawfully takes, entices away, conceals, detians, receives or harbours" the victim
 * 7) the accused "[intends] to deprive a parent or guardian or any other person who has the lawful care or charge of" the victim.

Interpretation
The actus reus is made out by nothing more than "preventing a parent, guardian, or other person having lawful care or charge of the child, from exercising control over that child."

As with any offence, the motive or reason for taking a child is not relevant except where is considered as part of a defence.

Section 30 of the Interpretation Act determines age of the victim.

Lawful authority "Lawful authority" provides an justification for those who take children from the control of their parent or guardian for their protection. Th purpose of this justification is to protect good Samaritans.

Digest

 * R v FWB, 2013 SKPC 3 (CanLII) - defence unsuccessfully argued necessity and s. 285