Justice M. Rawlins of the Ontario Court of Justice dismissed a charge of child abandonment in a Windsor court today. The defendant was charged with that offence in March, 2009.
Defence counsel Kenneth Golish argued that while the defendant was certainly guilty under provincial legislation, namely under s. 79 (3) of the Child and Family Services Act, he was not guilty of a criminal offence. The Criminal Code section 218 requires more to meet the test of abandonment: In order to be guilty, the child's life must have actually been endangered or the child's health was or was likely to have been permanently injured. In the circumstances, leaving an infant alone for a short period was not enough.