A Decade of Action

Presentation Notes

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What is Being Done in the Northwest Territories to Prevent Abuse of

Older Adults

A Decade of Action in the NWT to Prevent Abuse of Older Adults

1999-2000

NWT Prevention of Elder Abuse Committee formed

Northwest Territories Health and Social Services proclaimed October 30th to November

5th as the NWT’s first annual Family Violence Awareness Week. The Coalition Against

Family Violence (CAFV) 1 organizes the theme/materials and holds a territorial launch

once a year. This includes a resource kit, poster, and various promotion items that are

sent to every community in the NWT and extra materials are always available on

request.

2001

Taking Action on Elder Abuse workshops were held in Hay River and Yellowknife in

2001 funded through the NWT Prevention of Elder Abuse Committee.

2003/04

NWT Action Plan on Family Violence 2003 – 2008 Revised Final Draft

A Framework for Action. CAFV prepared and submitted the foregoing report to the

GNWT as a call to action.

2004/05

Government of the Northwest Territories Response to the NWT Action Plan on Family Violence:

A Framework for Action. The GNWT responds to elder abuse in the context of family

violence in the NWT.

Actions completed between 2003 and 2008 include:

1 The Government of the NWT (GNWT) and the NWT Seniors’ Society are part of the 22 agencies that

make up the CAFV. Since 2003, CAFV has been working in close partnership with the GNWT to develop

and implement Action Plans that consist of actions and activities that will have a direct impact on family

violence in the NWT.

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Implementation Steering Committee created to ensure that the vision of the

Action Plan was carried out.

Protection Against Family Violence Act (PAFVA) enacted in 2005.

24 hour crisis line operational and public education campaign delivered about the Act

Yellowknife Interagency Family Violence Protocol and toolkit developed to improve

responses to family violence in Yellowknife.

Staff positions dedicated to addressing family violence created at the GNWT

Departments of the Executive and Justice.

Best practices research on programs designed for abusers.

A Plan For Action 2004 Respect Our Elders - Stop The Abuse prepared by NWT Seniors’

Society, CAFV member. Objectives of the NWT Seniors’ Society’s plan for stopping

elder abuse include:

Empowering NWT elders to deal with abuse – Speaking out against violence and

abuse

Identify and deal with elder abuse. – Education and awareness

Deal with the addictions that contribute to abuse.

PAFVA enabled the implementation of Emergency Protection Orders (EPOs) in 2005 as

a tool to protect victims. Since 2005 over 400 victims have taken steps to protect

themselves by applying for EPOs.

Fourteen workshops were offered by CAFV in communities resulting in community

action plans specific to individual community needs.

Family violence brochures and booklet available in five languages on the NWT Justice

website about:

Protection Orders - Don't put up with family violence

Emergency Protection Orders - Don't put up with family violence

Emergency Protection Orders - Seniors and Elders Deserve Respect

Best Practices for Stopping Abuse of Older Adults in the NWT, 2005 prepared for Social

Development Canada/NWT Seniors’ Society

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Bridging the Gap Conference on the Abuse of Older Adults organized by the NWT

Seniors’ Society in November 2005. Conference report available from the NWT Seniors’

Society.

2005/06

Yellowknife Interagency Family Violence Protocol. In 2005/06 the Northwest Territories

Seniors' Society with funding from Department of Justice Canada led the development

of an interagency protocol describing how individuals or organizations should work

together when they look into a situation of family violence. A toolkit was developed

from the Yellowknife protocol and made available for application in other NWT

communities .

2007/08

NWT Family Violence Action Plan: Phase II (2007-2012) Enhancing and Expanding the

System for Families Affected by Family Violence prepared by Northwest Territories Health

and Social Services

Building Our Future is one of five strategic initiatives emerging from the vision2

and priorities of the 16th session of Legislative Assembly of the Northwest

Territories. Building Our Future provides strategic direction to departments for

the Implementation of Family Violence Action Plan Phase 2 which is scheduled

as a key activity for 2008-12. The Plan focuses on expanding services to smaller

communities to alleviate further impacts from family violence and prevent

additional violence by providing treatment to abusers and services to children

who witness family violence.

Northwest Territories Health and Social Services Business Plan 2008-12

Delivering a range of enhanced or new services for men, women, children and Elders.

• Add resources within the shelter system to offer outreach to those women and

children who are victims of violence, but do not choose to use the shelter system.

• Provide services for follow-up and after-care for clients who do use the shelter.

• Expand the Children Who Witness Violence Program to Inuvik, Fort Smith and

Yellowknife.

2 Strong individuals, families and communities sharing the benefits and responsibilities of a unified,

environmentally sustainable and prosperous Northwest Territories.

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• Develop and deliver a pilot (treatment program) for men who abuse.

• Expand outreach services to three regions that currently do not have a shelter.

Northwest Territories Justice Business Plan 2008-12

Build understanding about family violence and support RCMP efforts to employ

the highest standards when investigating and intervening in these matters.

Develop and strengthen partnerships with police and communities in order to

improve the response to family violence. This will include training, public

information, evaluation related to the Protection Against Family Violence Act, and

work with partners on the implementation of Phase II of the Family Violence

Action Plan.

Justice and Royal Canadian Mounted Police (RCMP) are working to increase

police presence in smaller NWT communities. In 2008, Sachs Harbour received a

detachment, and planning for detachments in Gamètì and Wrigley is underway.

Options are being explored to provide enhanced police services in smaller

remote communities without resident RCMP officers, specifically in the

following 10 communities: Dettah, Colville Lake, Tsiigehtchic, Nahanni Butte,

Wekweètì, Enterprise, Kakisa, Ndilo, Trout Lake and the Hay River Reserve. The

RCMP is finalizing the new national Community Officer Program and the NWT

is being considered as a pilot location.

Justice will take the lead in researching, developing and implement Program for

Men Who Abuse – to address behaviour related to family violence. The program

will include positive community reintegration and follow-up, and will be

available on a voluntary and/or mandatory basis.

GNWT Department of the Executive Business Plan 2008-12

Attitude on Family Violence Survey. A baseline study of attitudes towards

family violence was initiated in 2007. Northwest Territories Bureau of Statistics

will conduct a follow-up study in 2011-12 to measure changes in attitudes took

place.

Expansion of CAFV and Territorial Expansion Evaluation Report, 2008 prepared for

Coalition Against Family Violence. Evaluation concluded the timing was right for

broader territorial expansion of the Coalition Against Family Violence and provided a

strategy with actions to guide the expansion.

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2007 NWT Family Violence Survey prepared by Northwest Territories Bureau of Statistics.

2009/10

A Pan-Territorial elder abuse information campaign (e.g. with posters and fact sheets)

launched by Health and Social Services

Updated family violence publications about Protection Orders, Emergency Protection

Orders and Elders Abuse in four languages available on Northwest Territories Justice

website.

Workshop on Abuse of Older Adults in Inuvik. Workshop notes posted on NWT

Seniors’ Society website.

Northwest Territories Health and Social Services approves five non-shelter regional

projects under the Family Violence Action Plan Phase 2.

Making Connections Building Networks Research, Symposium and Framework for

Action

2010/11

Leading the Way The Work Continues Planning for a Territorial Network to Prevent

Older Adult Abuse Workshop

NWT Network to Prevent Abuse of Older Adults

Minister of State (Seniors) Second phase of the Government’s three year Elder Abuse

Awareness campaign - Elder Abuse – It’s Time to Face the Reality. The campaign will run

from October to December and will focus on the issue of financial abuse. Through this

initiative, the Government of Canada is working with the provinces and territories,

professional associations and community organizations to take active measures to

detect and prevent exploitation of older Canadians.

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June 12th - 18th, 2011 Senior Citizens’ Week in the NWT and World Elder Abuse

Awareness Day (WEAAD –June 15 each year) celebrated to enhance awareness raising

on the issue of older adult abuse.

Inventory of Resources

NWT communities tend to have the following resources to meet the needs of older

adults:

community social service staff to respond to the social issues of at risk families

and individuals (i.e. assessment, intervention, counselling, referrals, case

management, and follow-up).

community counselling, wellness, healing or mental health services for alcohol

and drug addictions, residential school healing and other mental health needs.

faith community for worship, socialization and counselling

community seniors societies/elders councils for coordination, advocacy,

socialization and programming (Hay River, Fort Resolution, Yellowknife,

Tuktayuktuk, Fort Smith, Fort Good Hope, Fort Providence, Inuvik)

community health centres to address basic medical treatment and prevention,

nursing, public health, homecare, and long term care needs.

community policing to provide education, law enforcement and protection

services.

community interagency committees in Fort Resolution, Inuvik, Hay River

seniors housing, maintenance and tenant relations.

family and individual counselling.

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Inventory of Resources for Older Adults in the Northwest

Territories 2005*

Location Program Description Type of Service

Territorial NWT Seniors' Society and

Information Line 1-800-

661-0878

Information and advocacy; membership on

NWT Seniors' Advisory Council mandated to

review programs, services and policies affecting

NWT seniors and elders

Information, advocacy

and support

Territorial Help Line & HIV/AIDS

Information Line 1- 800-

661-0844 and YK 920-2121

Telephone crisis line providing callers with

confidential trained listeners whom can refer

them to helping agencies within their

community 7-11 pm

Information, referral

and support

Territorial Tele-Care NWT 1-888-255-

1010

Family health and support line monitored by a

nurse, languages available

Health Information

Territorial

Law Line (867) 873-7450

Tuesdays and Thursdays 6-8:30 pm monitored

by a legal advocate/lawyer

Legal information,

advocacy, courts

Territorial Disability Information

Line 1-800-491-8885

NWT Council of Persons with Disabilities Information, advocacy,

support and referrals

Territorial Office of the Public

Trustee Toll Free 866-535-

0423

Information and support for financial affairs of a

person deemed incapable monitored by GNWT

Justice

Information, advocacy

and support

Territorial Northstar Employee and

Family Assistance 1 800

268 7708

Counselling and support available to GNWT, YK

Education Districts 1&2 employees and family

Counselling, and crisis

support for mental

health issues

Territorial Stanton Territorial Health

Authority (867) 669 4170

Medical social work, psychiatric unit, extended

care, emergency , and languages

Counselling, and

treatment for mental

health, primary health

and long term care

issues

Territorial/

Yellowknife

Mental Health Clinic (867)

873-7042

Assessment and treatment of mental health

referrals from NWT regions

Treatment and

counselling

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Inventory of Resources for Older Adults in the Northwest

Territories 2005*

Location Program Description Type of Service

Inuvik

Region

Inuvik Regional Health

and Social Services (867)

777-8146

Administration of regional integrated health and

social services, community health centre care,

community social services, community programs

and languages

Counselling, primary

health care, public

health, community

home care, long term

care, prevention

Inuvik

Region

Beaufort-Delta Legal

Services Clinic Toll free 1

800 661-0704

Legal information, advocacy Legal information,

advocacy, courts

Tuktoyaktuk Tuktoyaktuk Women and

Children's Shelter and

Crisis Line (867) 977-2070

Crisis line and intake for emergency shelter and

support for abused women and children of

family violence

Temporary shelter,

counselling, education

and advocacy

Community Resources and Toolkits

NWT Elder Abuse Awareness Week –

Event Planning Guide

o The guide provides ideas on what you can do with the older adults and

families in your community on a day-by-day basis during the week.

Pamphlet

o Addresses what abuse is, what the community can do, how elders can

protect themselves

Fact Sheet

o Addresses what the community can do

Fact Sheet

o Event suggestions

Fact Sheet

o Addresses how elders can protect themselves

Quiz

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o Questions and answers about elder abuse

Elder Abuse and Family Violence Resources listed on the NWT Justice, Health and

Social Services, NWT Seniors’ Society and Status of Women Council of the NWT

websites include:

Justice

Crisis Line: 1-866-223-7775. Seniors and Elders Deserve Respect. A pamphlet on

contacting the Crisis Line or the RCMP and Emergency Protection Orders

RCMP: Your local three-digit telephone prefix +1111

Local shelters and programming.

Victim Services

Family Violence Action Plan, Phase 2.

Seniors and Elders Deserve Respect Don’t Put Up with Abuse (pamphlet on

Emergency Protection and Protection Orders

Link to family violence resources located on the Department of Health and Social

Services website

Contact information for NWT social workers (Department of Health and Social

Services)

Child protection (Department of Health and Social Services)

Coalition Against Family Violence publications

NWT Health and Social Services

Family Violence Resources

o Types of Abuse (physical, sexual, psychological/emotional and financial

abuse or neglect).

o Abuse of Older Adults

o Signs that an older adult is being abused

o What can you do to help?

o I'm an older adult. How can I protect myself?

o Why don't older adults tell someone about the abuse?

o Effects of Violence on Children

o Information for Victims

o We all have a responsibility: What can you do to stop family violence?

NWT Seniors’ Website

Link to (family violence) resources located on the Department of Health and

Social Services website

Large resource library featuring:

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o 2010/11 Making Connections Building Networks Research,

Symposium and Framework for Action reports

o Leading the Way – The Work Continues Planning for a Territorial

Network to Prevent Older Adult Abuse Workshop Report

o NWT Elder Abuse Awareness Week Resources (e.g. pamphlet, poster,

what the community can do, event ideas, event planning guide)

o General Information

o Promising Approaches/Practice

o Training

o Intervention and Intervention Strategies and Tools

o Prevention Strategies

o Developing Protocols

o Raising Awareness/Community Response

o Strategic Plans to Address Elder Abuse

o Law and Legislative Framework to Address Elder Abuse

o Financial Abuse

Status of Women Council of the NWT Website

Large resource library featuring:

o Video resources for Seniors

Legislation and Other Supports That Can Address Older Adult Abuse in the NWT

The legislation currently in place in the Northwest Territories that could be utilized to

address abuse of older adults includes the following:

The Power of Attorney Act: This legislation brought into force in 2002 makes provision

for any individual to assign over the management of their finances to any person they

trust or to the Public Trustee. The court does not have to be involved. There are

prescribed forms to be completed and signed by the individual requesting the power of

attorney and the documents must be witnessed.

This Act could be utilized as a means to prevent financial abuse as there is provision

under the Act to have the Power of Attorney come into effect immediately on signing,

or delayed under a Springing or Enduring Power of Attorney which could come into

effect when the subject adult is no longer able to manage their finances.

Living Wills: A "living will" contains your written instructions about what level of

medical treatment you want in the event that you are unable to express your wishes

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verbally. For instance, you may want all possible measures taken to keep you alive – or

you could instruct that nothing be done to keep you alive. Your living will deals with

your health and personal care. You may wish to:

name someone (often called an “Agent”) to make decisions on your behalf

name people who can determine that your own mental capacity is such that you

can no longer make those decisions for yourself

name those who are and who are not to be told about the document becoming

effective and

give instructions with regard to confidential information about you.

The Personal Directives Act: This Act brought into force in 2005 makes provision for an

adult to assign personal and health care decision making authority to trusted relatives

or friends. The assignment of decisions can be specific such as: where the adult should

live, if they can no longer manage by themselves or be comprehensive and include all

decisions related to health and personal care. This Act has no prescribed forms but there

are guidelines for drafting a personal directive.

This legislation could also be used as a means of preventing abuse and neglect. The Act

is similar to the Power of Attorney Act in that it does not require court involvement and

it can be designed to come into effect immediately or the adult can set conditions when

it will come into effect: for example “when I am assessed, by my physician, as

incompetent to make health and personal care decisions”

The information about these two Acts is not well known in the communities across the

Northwest Territories. There would need to be comprehensive public education at the

community level to have those Acts used as a means to prevent and address abuse of

older adults.

Both the Power of Attorney Act and the Personal Directives Act, if utilized when the

adult is competent, can avoid the need for guardianship and or trusteeship later in life,

because the adult would have designated those decision making powers to trusted

individuals.

The down side, however, is currently neither the Power of Attorney nor Personal

Directive Acts require that the documents once completed by an individual, be

registered. There is no way of knowing who has those directions in place. Therefore

there is no way for tracking or monitoring the decisions made and evaluating if the

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decisions made are in the best interests of the adult. In some cases the family member or

person who has been designated as the guardian or trustee can turn out to be the abuser

and there is no way to track or monitor the abuse that may be occurring and therefore

no assurance that the older adult is protected.

The Protection Against Family Violence Act proclaimed in 2005: This legislation was

designed mainly to address spousal violence or violence within the family. It has been

in place for five years and is currently being evaluated. The effectiveness of this

legislation in addressing abuse against older adults is questionable. However the

evaluation of the legislation, which includes looking at the administration of the Act

and associate programs (shelters), will hopefully have some recommendations on how

to raise the profile of this legislation and expand the programs as a means to address

abuse of older adults. The NWT Seniors’ Society staff has had input on the evaluation of

this legislation.

The Act in its current form is designed to react to emergencies and violent acts which

are relatively easy to detect as opposed to older adult abuse which is not necessarily

violent and much more difficult to detect. Financial abuse, which is believed to be the

most common type of abuse in the NWT, can go on without detection and the affected

adult may not even recognize their situation as abuse.

Emergency Protection Orders

Protection Against Family Violence Act (PAFV)

Anyone who has or is living with someone in a family or intimate relationship (i.e. a

parent, grandparent, sibling, child, or boy/girlfriend who have lived together) may

apply for a protection or emergency protection order if they are in danger of or have

experienced an act of family violence. Family violence occurs when someone through

their action or inaction causes any of the following to happen to another person in a

family or intimate relationship:

hurts or damages a person or property.

causes someone to fear for their safety.

causes someone to fear for the safety of a child in their care.

causes a child in their care to fear for his or her safety.

sexual abuse of a person or child in their care.

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forcible confinement.

psychological, emotional or financial abuse that causes harm or fear of harm to

the applicant or a child in their care.

Emergency Protection Orders can be issued 24 hours a day from a Justice of the Peace

who is satisfied that family violence has taken place or there is an immediate danger of

family violence. All emergency protection orders are reviewed by the Supreme Court,

who may agree with the order, or hold a hearing where they can agree with, change, or

revoke the order. The PAFV makes it illegal to not follow an order. If convicted of

breaking an order, preventing someone from performing part of an order, or publishing

information not allowed under the Act, a person could face a fine up to $5,000 and six

months in jail.

Apply for an Emergency Protection Order by contacting your local RCMP or calling 1-

866-223-7775, 24 hours a day. A Justice of the Peace will hear the evidence and could

issue an order. You need to apply for a Protection Order through the court.

The Guardianship and Trusteeship Act: This legislation was proclaimed in the NWT in

1997. The purpose of the legislation is to protect the decision making rights of

vulnerable adults. A legal guardian or trustee is only assigned when a comprehensive

assessment determines that the adult is incapable of making decisions for

himself/herself. The guardianship or trusteeship order is granted by the supreme court

of the NWT if the evidence in the assessment report proves that the adult cannot make

certain decisions for themselves and the appointment of a guardian would be of

substantial benefit to the adult.

Family members or close friends are the preferred guardian, if they can show that they

have maintained a close personal relationship with the adult for at least a year before

the guardianship/trusteeship application. Appointing the Public Guardian or Public

Trustee is a last resort, but can occur if no family member or close friend wants to take

on this responsibility or family members cannot agree on who should be the guardian

or trustee.

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This legislation can be used as a last resort in abuse situations, however there must be

evidence that the adult is not capable of understanding their situation and unable to

help themselves.

The Guardianship and Trusteeship Act is due for review. I consulted with the Public

Trustee who agreed that the freezing of accounts, in cases of suspected financial abuse,

could be included in the legislation by way of an amendment. This could provide

protection for the finances of the adult pending further investigation, similar to what

can be done now by the Public Trustee in Saskatchewan.

Restraining Orders

A restraining order is an order granted by a civil court that orders a person or persons

to stay away from you. It prohibits the abuser from hurting or threatening to hurt those

named in the order.

Criminal Code of Canada

Offences

The criminal law can deal with the following types of abuse: physical, sexual,

psychological/emotional, financial/exploitation and neglect. The following is not an

exhaustive list.

The following offences included in the Criminal Code could apply in situations of

physical/sexual abuse:

(s. 265) Assault

According to the definition of “assault” contained in the Criminal Code, a person

commits an assault when:

• without the consent of another person, he applies force intentionally to that other

person, directly or indirectly;

• he attempts or threatens, by an act or a gesture, to apply force to another person, if he

has, or causes that other person to believe upon reasonable grounds that he has present

ability to effect his purpose; or

• while openly wearing or carrying a weapon or an imitation thereof, he accosts or

impedes another person or begs.

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(S. 267) Assault with a Weapon or causing Bodily Harm

Aside from assault, there is an offence known as assault with a weapon or causing

bodily harm. This occurs when, in committing an assault, a person carries, uses or

threatens to use a weapon or an imitation of a weapon or causes bodily harm

to the victim. This section defines “bodily harm” as any hurt or injury to a person that

interferes with their health or comfort and that is more than merely transient or trifling

in nature.

(S. 268) Aggravated Assault

An aggravated assault is committed when a person wounds, maims, disfigures or

endangers the life of a person.

(S. 38(2)) Deemed Assault

A trespasser who resists an attempt by a person who is in peaceable possession of a

dwellinghouse or real property, or a person lawfully assisting him or acting under

his/her authority to prevent his entry or to remove him, shall be deemed to commit an

assault without justification or provocation.

(s. 271) Sexual Assault

The definition of assault as stated above applies to all forms of assault including sexual

assault. An assault becomes a sexual assault when it is committed in circumstances of a

sexual nature. Whether an assault is sexual or not depends on several factors including

the sexual or carnal context, the part of the body touched, the nature of the contact, the

situation in which it occurred, the words and gestures accompanying the act and all

other circumstances surrounding the conduct, including threats, force, intent and

motive.

(S. 272) Sexual Assault with a Weapon, Threats to a Third Party or Causing Bodily

Harm

This offence is committed when, in committing a sexual assault, a person carries, uses

or threatens to use a weapon or an imitation weapon, threatens to cause bodily harm to

a person other than the complainant or causes bodily harm to the complainant.

(S. 273) Aggravated Sexual Assault

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An aggravated sexual assault is committed when, in committing a sexual assault a

person wounds, maims, disfigures or endangers the life of the complainant.

The following offences included in the Criminal Code could apply in situations of

psychological/emotional abuse:

(S. 264.1) Uttering Threats

This offence is committed when a person in any manner knowingly utters, conveys or

causes any person to receive a threat to cause death or serious bodily harm to any

person; to burn, destroy or damage real or personal property or to kill, poison or injure

an animal or bird that is the property of any person.

(S.264) Harassment

This may either be an indictable offence liable to imprisonment for a term not exceeding

five years or an offence punishable on summary conviction. This offence is committed

when a person without lawful authority and knowing that another person is harassed

or recklessly as to whether the other person is harassed does the following:

• repeatedly follows the other person or anyone known to them;

• repeatedly communicates directly or indirectly with the other person or anyone

known to them;

• besets or watches the dwelling-house or place where the other person, or anyone

known to them, resides, works, carries on business or happens to be; or

• engages in threatening conduct directed at the other person or any member of their

family.

(372) Harassing Telephone Calls

It is an offence to make or cause to be made repeated telephone calls to a person

without lawful excuse and with intent to harass that person. 17

False Messages

It is an offence to convey, or cause or procure to be conveyed by letter, telegram,

telephone, cable, radio or otherwise information that he knows is false with the intent to

injure or alarm another person.

The following offences included in the Criminal Code could apply in situations of

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financial/exploitation abuse:

(S. 322) Theft

Forgery

(S. 366)Every one commits forgery who makes a false document, knowing it to be false,

with intent (a) that it should in any way be used or acted on as genuine, to the prejudice

of any one whether within Canada or not; or (b) that a person should be induced, by the

belief that it is genuine, to do or to refrain from doing anything, whether within Canada

or not. Making a false document includes

(a) altering a genuine document in any material part;

(b) making a material addition to a genuine document or adding to it a false date,

attestation, seal or other thing that is material; or

(c) making a material alteration in a genuine document by erasure, obliteration, removal

or in any other way.

Extortion

(S. 346) Every one commits extortion who, without reasonable justification or excuse

and with intent to obtain anything, by threats, accusations, menaces or violence induces

or attempts to induce any person, whether or not he is the person threatened, accused

or menaced or to whom violence is shown, to do anything or cause anything to be done.

Fraud

(S. 386 ) Everyone who fraudulently registers title to real property by making a material

false statement or representation; or by suppressing or concealing from a judge or

registrar any material document, fact, matter or information; or is privy to any of the

above is guilty of an indictable offence.

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(S. 387) Everyone who fraudulently sells real property knowing of an unregistered

prior sale, grant, mortgage, hypothec, privilege or encumbrance is guilty of an

indictable offence.

(S. 388) Use of misleading receipts is an indictable offence.

The following offences included in the Criminal Code could apply in situations of

neglect:

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(S. 219) Criminal Negligence

Everyone is criminally negligent who in doing anything, or in omitting to do anything

that it is his duty to do, shows wanton or reckless disregard for the lives or safety of

other persons.

(S. 215 ) Failure to Provide the necessaries

Everyone is under a legal duty:

• as a parent, foster parent, guardian or head of a family, to provide necessaries of life

for a child under the age of sixteen years;

• to provide necessaries of life to their spouse or common-law partner; and

• to provide necessaries of life to a person under his charge if that person:

• is unable, by reason of detention, age, illness, mental disorder or other cause, to withdraw

himself from that charge, and

• is unable to provide himself with necessaties of life.

Every one commits an offence who, being under a legal duty within the meaning above,

fails without lawful excuse, the proof of which lies on him, to perform that duty, if the

person to whom the duty is owed is in destitute or necessitous circumstances, or the

failure to perform the duty endangers the life of the person to whom the duty is owed,

or causes or is likely to cause the health of that person to be endangered permanently;

or in the case of a person under their charge, the failure to perform the duty endangers

the life of the person to whom the duty is owed or causes or is likely to cause the health

of that person to be injured permanently.