Canadian Criminal Law/Offences/Failing to Provide the Necessities of Life

Proof of the Offence
In addition to the essential elements of time, location, identity, the Crown should also prove the following:
 * 1) the accused was subject to a duty under s.215(1) to provide necessities of life, by being either:
 * 2) as a parent, foster, parent guardian or head of family to a child under the age of 16
 * 3) a spouse or common law partner
 * 4) a person in charge to someone who is unable to provide themselves with necessities of life and unable to withdraw from the charge, due to detention, age, illness, mental disorder, or other causes
 * 5) either
 * 6) the person to whom the duty is owed is "in destitute or necessitous circumstance" due to a breach of the duties or
 * 7) the accused caused or likely to have caused the person to whom the duty is owed endangerment of life or health endangered permanently;
 * 8) there is no lawful excuse for doing so

Interpretation
The purpose of s. 215 is to establish a uniform minimum level of care to be provided to certain designated persons, a societal standard rather than a personal standard.

"Necessaries of life" are necessaries that "tend to preserve life and not necessaries in their ordinary legal sense".

Failure to seek medical attention can be a failure to provide.

Factors to consider whether the there is a duty, includes the severity of the injury and the knowledge that it occurred.

Where the duty is found, the crown must prove:
 * 1) the accused acts or omissions which led to the failure to provide necessaries of life were a marked departure from the conduct of a reasonably prudent person in similar circumstances, and
 * 2) it was objectively foreseeable that the failure to provide necessaries would lead to a risk of danger to the life or permanent endangerment to the health of the person to whom the duty is owed.

"Endangers" refers to exposing someone to danger, harm or risk but does not connote actual injury or damage.

Case Digest

 * R. v. Peterson, 2005 CanLII 37972 (ON CA)
 * R. v. J.F., 2007 ONCA 500