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Canadian Network for the Prevention of Elder Abuse ~~~~~ Réseau canadien pour la prévention des mauvais traitements envers les aîné(e)s |
Criminal Code Offences
Many forms of physical abuse are crimes. The following Criminal Code offences may apply in physical abuse situations. To find the specific wording for the section of the Criminal Code click on the underlined section:
 | assault (section 265) |
| assault with a weapon or causing bodily harm (section 267) |
| aggravated assault (section 268) |
| unlawfully causing bodily harm (section 269) |
| murder (section 229) |
| murder reduced to manslaughter (section 232) |
| forcible confinement (section 279) |
| killing by influence on the mind (section 228) |
| counselling or aiding suicide (section 241) |
| criminal negligence (section 219) |
Many forms of psychological or emotional abuse are crimes. The following Criminal Code offences may apply in psychological or emotional abuse situations:
| threats (section 423) |
| intimidation (section 423) |
| harassment (section 264(1)) |
Many forms of financial exploitation or financial abuse are crimes. The following Criminal Code offences may apply in these situations:
| theft (section 322) |
| theft by person holding power of attorney (section 331) |
| criminal breach of trust (conversion by trustee) (section 336) |
| forgery (section 366) |
| extortion (section 346) |
| fraud (sections 386, 387, 388) |
The following offences included in the Criminal Code may apply in cases of neglect:
| criminal negligence (section 219) |
| failure to provide necessaries (section 215) |
These Criminal Code offences may apply in sexual abuse situations:
| sexual assault (section 271) |
| sexual assault with a weapon or causing bodily harm (section 272) |
| aggravated sexual assault (section 273) |
| incest (section 155) |
Sentencing
Guidelines for sentencing in criminal matters are established under PART XXII of the Criminal Code of Canada. Click here for the sentencing provisions. If the abuse was a criminal matter and was against a spouse, or if the abuse or neglect was perpetrated by a person in a position of trust or authority, this may be considered important factors in determining the sentence. See s. 718.2 C.C.C.
Similarly, where the offence was motivated by "bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor", this may be considered an important factor in determining the sentence.
Additional Resources
Canadian Network for the Prevention of Elder Abuse.
Page last updated Friday April 24, 2009
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