Criminal Codes of Bodily Harm, & Causing death, Duty to Preserve Life, Section 215- 229
Canadian Criminal Code, Sections 215 to 229
Duties Tending to Preservation of Life
Duty of persons to provide necessaries
215. (1) Every one is under a legal duty
(a) 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;
(b) to provide necessaries of life to their spouse or common-law partner; and
(c) to provide necessaries of life to a person under his charge if that person
(i) is unable, by reason of detention, age, illness, mental disorder or other cause, to withdraw
himself from that
charge, and
(ii) is unable to provide himself with necessaries of life.
Offence
(2) Every one commits an offence who, being under a legal duty within the meaning of subsection (1), fails without lawful excuse, the proof of which lies on him, to perform that duty, if
(a) with respect to a duty imposed by paragraph (1)(a) or (b),
(i) the person to whom the duty is owed is in destitute or necessitous circumstances, or
(ii) 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
(b) with respect to a duty imposed by paragraph (1)(c), 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.
Punishment
(3) Every one who commits an offence under subsection (2) is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
Presumptions
(4) For the purpose of proceedings under this section,
(a) [Repealed, 2000, c. 12, s. 93]
(b) evidence that a person has in any way recognized a child as being his child is, in the absence of
any evidence to the contrary,
proof that the child is his child;
(c) evidence that a person has failed for a period of one month to make provision for the maintenance
of any child of theirs under
the age of sixteen years is, in the absence of any evidence to the contrary, proof that the person has
failed without lawful excuse
to provide necessaries of life for the child; and
(d) the fact that a spouse or common-law partner or child is receiving or has received necessaries of
life from another person
who is not under a legal duty to provide them is not a defence.
R.S., 1985, c. C-46, s. 215; 1991, c. 43, s. 9; 2000, c. 12, ss. 93, 95.
Duty of persons undertaking acts dangerous to life (See also Criminal Code Section 45 . . . states the procedure is to a "benefit" to the person, not just skillfully performed.
216. Every one who undertakes to administer surgical or medical treatment to another person or to do any other lawful act that may endanger the life of another person is, except in cases of necessity, under a legal duty to have and to use reasonable knowledge, skill and care in so doing
(Comments from www.lotusbirth.com: It would seem reasonable that a person clamping a functioning umbilical cord has to have some knowledge of the function of the cord transfusing blood from the placenta into the child, and that adequate attention they are educated is a duty of the licensing board and those that train any and all medical persons.) A Hearing and Inquiry as to the trainers and those publishing directives of immediate cord clamping on the human baby is justified, and hopefully with charges taken under Section #180 for endangering the public at large, as far as all pregnant women and new born babies were not being given equal care and protection as would be perceived a prudent person on such matters.)
R.S., c. C-34, s. 198.
Duty of persons undertaking acts
217. Every one who undertakes to do an act is under a legal duty to do it if an omission to do the act is or may be dangerous to life.
R.S., c. C-34, s. 199.
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, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 200.
Criminal Negligence
Criminal negligence
219. (1) Every one is criminally negligent who
(a) in doing anything, or
(b) 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.
Definition of "duty"
(2) For the purposes of this section, "duty" means a duty imposed by law.
R.S., c. C-34, s. 202.
Causing death by criminal negligence
220. Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable
(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum
punishment of
imprisonment for a term of four years; and
(b) in any other case, to imprisonment for life.
R.S., 1985, c. C-46, s. 220; 1995, c. 39, s. 141.
Causing bodily harm by criminal negligence
221. Every one who by criminal negligence causes bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
R.S., c. C-34, s. 204.
Homicide
Homicide
222. (1) A person commits homicide when, directly or indirectly, by any means, he causes the death of a human being.
Kinds of homicide
(2) Homicide is culpable or not culpable.
Non culpable homicide
(3) Homicide that is not culpable is not an offence.
Culpable homicide
(4) Culpable homicide is murder or manslaughter or infanticide.
Idem
(5) A person commits culpable homicide when he causes the death of a human being,
(a) by means of an unlawful act;
(b) by criminal negligence;
(c) by causing that human being, by threats or fear of violence or by deception, to do anything that
causes his death; or
(d) by wilfully frightening that human being, in the case of a child or sick person.
Exception
(6) Notwithstanding anything in this section, a person does not commit homicide within the meaning of this Act by reason only that he causes the death of a human being by procuring, by false evidence, the conviction and death of that human being by sentence of the law.
R.S., c. C-34, s. 205.
When child becomes human being
223. (1) A child becomes a human being within the meaning of this Act when it has completely proceeded, in a living state, from the body of its mother, whether or not
(a) it has breathed;
(b) it has an independent circulation; or
(c) the navel string is severed.
Killing child
(2) A person commits homicide when he causes injury to a child before or during its birth as a result of which the child dies after becoming a human being.
R.S., c. C-34, s. 206.
Death that might have been prevented
224. Where a person, by an act or omission, does any thing that results in the death of a human being, he causes the death of that human being notwithstanding that death from that cause might have been prevented by resorting to proper means.
R.S., c. C-34, s. 207.
Death from treatment of injury
225. Where a person causes to a human being a bodily injury that is of itself of a dangerous nature and from which death results, he causes the death of that human being notwithstanding that the immediate cause of death is proper or improper treatment that is applied in good faith.
R.S., c. C-34, s. 208.
Acceleration of death
226. Where a person causes to a human being a bodily injury that results in death, he causes the death of that human being notwithstanding that the effect of the bodily injury is only to accelerate his death from a disease or disorder arising from some other cause.
R.S., c. C-34, s. 209.
227. [Repealed, 1999, c. 5, s. 9]
Killing by influence on the mind
228. No person commits culpable homicide where he causes the death of a human being
(a) by any influence on the mind alone, or
(b) by any disorder or disease resulting from influence on the mind alone,
but this section does not apply where a person causes the death of a child or sick person by wilfully
frightening him.
R.S., c. C-34, s. 211.
Murder, Manslaughter and Infanticide
Murder
229. Culpable homicide is murder
(a) where the person who causes the death of a human being
(i) means to cause his death, or
(ii) means to cause him bodily harm that he knows is likely to cause his death, and is reckless
whether death ensues or
not;
(b) where a person, meaning to cause death to a human being or meaning to cause him bodily harm that
he knows is likely to
cause his death, and being reckless whether death ensues or not, by accident or mistake causes death
to another human being,
notwithstanding that he does not mean to cause death or bodily harm to that human being; or
(c) where a person, for an unlawful object, does anything that he knows or ought to know is likely to
cause death, and thereby
causes death to a human being, notwithstanding that he desires to effect his object without causing
death or bodily harm to any
human being.
R.S., c. C-34, s. 212.
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Search at Google this web site for the " No Policies " on equal
protection to babies at from the various government officials who appointed representatives to protect
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policies and practices; also the "No policies" of the various medical associations, societies,
and colleges did not live up to no
form of discrimination to women or the child of any kind. It is believed they had a duty to have
a policy of equal protection and
security of person, regardless of: age, mental or physical disadvantages ; race, color, social
or marital status of the pregnant
lady ; or belief or faith of the family, or genetic type of blood sought for by medical researchers,
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contact:
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