Justice committee  The Criminal Code currently contains a set of general offences. As mentioned earlier, it is possible to hold an organization liable under paragraph 215(1)(c) of the code. Section 22.1 of the code ties the organization's conduct to the alleged offence, setting out the circumstance

Justice committee  Section 217.1 of the Criminal Code, which flows from the Westray bill, sets out an employer's duty to its employees. Bill C-295, however, addresses the duty of the employer or manager to residents. The provisions aren't quite the same; they don't apply to the same set of circumst

Justice committee  I can give you a general idea of how it works in other provinces and territories, according to the research done by staff. A common criterion is a minimum number of residents who are not related to the owner or manager and who live in the establishment for various health reasons

Justice committee  Provincial legislation, especially Quebec's, complements the Criminal Code, and the two can work together. Provincial laws serve to establish accountability mechanisms, create complaint or report management committees and empower inspectors, all in an effort to give facilities th

Justice committee  The Criminal Code captures a host of offences that fall under the umbrella of abuse, a general term that covers negligence, sexual violence, financial violence, physical violence and psychological violence. That means the code already includes general offences for assault and sex

Justice committee  I can't give you a legal opinion in response to your question. I can say, though, that neglect refers to the duty that is owed by one person to another and the fact that the performance of the duty has potential consequences if it results in permanent injury or is likely to cause

Justice committee  It's important to understand that the term “long-term care facility” is used neither exclusively nor universally across the country. Some provinces and territories refer to these facilities as long-term care homes or nursing homes. The definition is based on the assumption that t

Justice committee  I'm going to answer in French, if you don't mind. Proposed paragraph 215(1)(b.1) refers to the duty of the owner or manager “to provide necessaries of life to residents of the facility”. That can be interpreted in two ways. If the owner or manager directly provides care to resid

Justice committee  You'll understand that we aren't in a position to provide any legal advice as to what should be amended or changed. Yes, only the term “manager” is defined in the bill. The definition is based on various responsibilities, which aren't cumulative. The definition of a manager come