What the Law Says About ... Medication Abuse
In Canada, some abusive actions are defined as crimes. Criminal offences are described in the Criminal Code of Canada and apply in any province.
Medication abuse of an older adult could take two forms:
over-medication or under-medication (i.e., not providing medication that is needed).
NOTE: It is important to remember that whenever a person is charged with a criminal offence he or she is innocent until proven guilty. The lawyers who prosecute offenders have to prove he or she committed an offence beyond a reasonable doubt. In order to prove an offence has been committed, they need evidence. If you have been abused, consider keeping a record of the times when you are abused or when you get medical treatment. This record may be useful as evidence.
Over-medication
Over-medication could constitute an assault, or in extreme circumstances an aggravated assault or even attempted murder or manslaughter. Over-medication could also constitute criminal negligence, leading to the offences of criminal negligence causing bodily harm or criminal negligence causing death. To prove that there is criminal negligence it has to be shown that there was a legal duty to do or not do the act. Over-medication that does cause death could lead to charges of murder, or manslaughter.
Over-medication could constitute...
Under-medication or not providing medication that is needed
This would constitute the offence of failure to provide the necessities of life where the person who needs the medication is a spouse, or someone under another's charge. Under-medication could also constitute criminal negligence, leading to the offences of criminal negligence causing bodily harm or criminal negligence causing death. Under-medication that does cause death could lead to charges of murder, or manslaughter. If death does not result, but it can be proved that it was the intent of the person withholding the medication, there could be charges of attempted murder.
Under-medication could constitute...
Assault
Applying intentional force to another person; or trying or threatening to apply force to
another person; or causing other person to believe reasonably that
abuser has ability to carry out threat; or while wearing or holding
a weapon openly (or something that looks like a weapon) accosting
a victim.
Aggravated assault
Assault which wounds, maims, disfigures, or endangers the life of the victim.
Criminal negligence
Showing complete disregard for someone’s life or safety by doing something,
or not doing something, when there is a legal duty to do or not do
the act. Criminal negligence can be a form of culpable homicide.
So, if someone dies as a result of an act of criminal negligence,
the person who committed the act could be charged with murder.
An example of a legal duty that might lead to a charge of criminal
negligence would be the duty to provide the necessities of life
imposed by the Criminal Code. In order to establish that the offence
has been committed it is not necessary to show that the accused
intended to be negligent. It is enough to show he or she was indifferent
as to what happened. A court will look at the surrounding circumstances
of a particular case to determine if they affect whether the conduct of an accused was reasonable.
Criminal negligence causing bodily harm
Causing harm by criminal negligence to someone that constitutes
any hurt or injury that interferes with his or her health or comfort
and is more than just a passing concern.
Criminal negligence causing death
Where the criminal negligence of an offender is a contributing factor to the death of someone.
Failure to provide necessities of life
Failing to provide the necessities of life to a spouse, or to someone under another's charge, where that person is unable to provide him- or herself with the necessities of life or cannot provide the necessities of life because of detention, age, illness, mental disorder, or another reason. The offence is committed where the failure to provide the necessities of life results in the life or health of the spouse or person in the charge of another being endangered.
A couple who have cohabited or who have recognized each other as spouses will be treated as lawfully married unless there is contrary evidence. The fact that a spouse may be unable to support a spouse may be a lawful excuse.
Necessities of life mean those things necessary to preserve life, for example, food, shelter, heat, and medical aid. Courts look at whether the conduct is a marked departure from the standards of a reasonable person in all the circumstances of the case.
Murder
Causing the death of a person with the intention of doing so, or acting with the intention
of hurting a person knowing that it is possible that death will
occur; causing someone else to die while intending to kill or harm
another; causing death to someone while trying to achieve an unlawful
goal (e.g., theft), even though unintended.
Manslaughter
Murder can be reduced to the lesser charge of manslaughter when it was committed after
provocation in the heat of passion; murder where there was no specific
intent to kill.
Funding for OakNet is provided by the Alberta Law Foundation.
Updated: October 23, 2003
Assault
Aggravated assault
Criminal negligence
Criminal negligence causing bodily harm
Criminal negligence causing death
Murder
Manslaughter
Failure to provide necessities of life
Criminal negligence
Criminal negligence causing bodily harm
Criminal negligence causing death
Murder
Manslaughter
Over-medication / Under-medication Over-medication / Under-medication Over-medication / Under-medication Over-medication / Under-medication Over-medication / Under-medication Over-medication / Under-medication Over-medication / Under-medication Over-medication / Under-medication.
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© Legal Resource Centre of Alberta Ltd. 2002
