Understanding Child Abandonment Charges in Canada

Facing charges related to child abandonment is a serious matter that requires a strong legal defense. The Crown must ensure that charges are properly particularized to fit the specific circumstances of the case—otherwise, a narrowly worded charge could lead to an acquittal.

Key Points to Know:

• Precise Charges Matter – If the charge is too specific, it may not meet legal requirements for conviction. In R. v. E.M., an accused was acquitted because the Crown couldn’t prove the child’s life was actually endangered.

  
  

• What Counts as Abandonment? – Leaving a child without proper supervision may be considered abandonment, especially in unsafe conditions.

  
  

• Newer Legal Considerations – Since January 1, 2020, the Child, Youth and Family Services Act makes it illegal to leave a child under 16 unsupervised without reasonable provisions for their care. This is a separate charge from the Criminal Code but still carries serious legal consequences.

  
  

Need Legal Help?

If you're facing child abandonment charges, you need an experienced criminal defense lawyer on your side. Contact us today for a confidential consultation and to protect your rights.