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Bill C-455

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C-455
First Session, Thirty-ninth Parliament,
55-56 Elizabeth II, 2006-2007
HOUSE OF COMMONS OF CANADA
BILL C-455
An Act to amend the Criminal Code (duty to provide assistance)
first reading, June 12, 2007

NOTE

2nd Session, 39th Parliament

This bill was introduced during the First Session of the 39th Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the First Session. The number of the bill remains unchanged.
Mr. Holland

391552

SUMMARY
This enactment amends the Criminal Code to provide that a person who does not take reasonable steps to assist another person who is in imminent and overwhelming danger is guilty of an offence.

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1st Session, 39th Parliament,
55-56 Elizabeth II, 2006-2007
house of commons of canada
BILL C-455
An Act to amend the Criminal Code (duty to provide assistance)
R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The Criminal Code is amended by adding the following after section 215:
Duty of persons to assist
215.1 (1) Every one is under a legal duty to assist another person whom he knows or ought to know is in imminent and overwhelming danger, unless that person is incapable of doing so without serious risk to himself or another.
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) the person to whom the duty is owed is in imminent and overwhelming danger; and
(b) performing the duty is likely to remove, reduce or mitigate the danger.
Punishment
(3) Every one who commits an offence under subsection (2)
(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 and liable to imprisonment for a term not exceeding eighteen months.
No criminal or civil liability
(4) A person who acts reasonably in taking, or omitting to take, measures to comply with subsection (1) shall not incur any criminal or civil liability arising from anything necessarily done with reasonable care.
Published under authority of the Speaker of the House of Commons
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Table of Contents
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Summary
Bill C-455
Table of Contents