Is emotional or psychological abuse a criminal offence?

The Criminal Code doesn't fully address the issue of emotional or psychological abuse of adults in terms of making it criminal behaviour. Some criminal offences are committed by making a threat to cause harm to someone, to someone close to that person, or to that person's property:

• Assault can be committed by attempting or threatening to apply force to another person if the other person believes that the abuser has the ability to carry out the act.
• The offence of harassment includes behaviour of threatening conduct directed at another person where that person then fears for her or his safety.
• The law defines the offence of uttering threats as follows: when someone knowingly utters, conveys, or causes anyone to receive a threat
  • to kill or physically harm someone;
  • to burn, destroy, or damage property; or
  • to kill, poison, or injure an animal or bird belonging to the victim.

There may be legislation in your province or territory concerning the treatment of neglected adults. If emotional abuse is covered by that legislation, there may also be a criminal component that could involve a fine and/or possibly a short-term prison sentence. Your provincial government offices will know if such legislation exists in your area.

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January 2006

see also:

• More Abuse of Older Adults FAQs

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