What the Law Says About ... Neglect
Neglect is an act of omission. It is the failure of a caregiver to provide for the necessities of life including food, medication, and mobility apparatus.
There are two general actions that can be taken:
charging the abuser with criminal offences
application of maintenance orders
- 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, 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.
- 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 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.
To ensure that the older adult is not being neglected by those who are liable to provide maintenance for him or her, the older adult and other people specified in the law can apply for a maintenance order under the Maintenance Order Act.
The order will only be granted when the court is satisfied that the person against whom an order is made will be able to provide the maintenance.
Those who are liable to provide maintenance to an older adult are a husband, wife, father, mother, and child of the older adult. Maintenance includes food, clothing, medical aid, and lodging.
Any order granted by the court can:
- direct the period that payments are to be made
- fix installments
- prescribe who the payments are to be made to
- direct that others should contribute to the maintenance if they are also liable under the Act
The people who can apply to court for a maintenance order are:
- the person entitled to maintenance
- chief elected official of the municipality where the entitled person lives
- settlement council of the Metis settlement where the entitled person lives
- Minister of Family and Social Services where the entitled person lives in an improvement district
- superintendent of a hospital where the entitled person is a patient
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Updated: October 7, 2003
© Legal Resource Centre of Alberta Ltd. 2002
