Abandoning Child (Sentencing Cases)

This page was last substantively updated or reviewed October 2020. (Rev. # 90014)

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Abandoning child

218 Every one who unlawfully abandons or exposes a child who is under the age of ten years, so that its life is or is likely to be endangered or its health is or is likely to be permanently injured,

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

(b) is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 218; 2005, c. 32, s. 12; 2019, c. 25, s. 75.

– CCC (CanLII), (DOJ)

Case Digests

Case Name	Prv.	Crt.	Sentence	Summary
R v GKJ, 2006 ABPC 72 (CanLII), per Fradsham J	AB	PC	9 months imprisonment + Probation	The offender pleaded guilty to a single count. A mother leaves a 4-year-old alone at home while tied to the couch on multiple occasions including while the mother went to work. The offender was 28 years old and had immigrated to Canada at 18 years old. She had no criminal record. [Per Fradsham PCJ]
R v SF, (2005) O. J. No 2381 (Ont. SCJ)(*no CanLII links)	ON	SC	3 months imprisonment + Pr	The offender was a 30-year-old mother who left her 2-year-old child alone in her apartment for an evening. The offender had a prior unrelated-record and an alcohol addiction, which brought on the offence.
R v Nguyen, [2001] OJ No 647 (Ont. C.J.)(*no CanLII links)	ON	PC	6 months imprisonment + Pr	The offender left a 7-year-old child at home overnight to go gambling. The child started a fire and ran away.
R v Cholod, 1995 ABCA 238 (CanLII), per curiam	AB	CA	$2,500 fine + Pr	The offender left child at home in cold weather while he went out drinking
R v CME, 1995 ABCA 191 (CanLII), [1995] AJ No 510, per Mason J (2:1)	AB	CA	non-custodial	The offender left 2 year old daughter in apartment overnight. Child caused a flood and almost started a fire. The offender had no record, showed remorse, demonstrated a reformed life.