In Canada, there is absolutely no familial exemption for parents who hide a fugitive child. If you knowingly shelter your son or daughter, give them money to flee, or destroy evidence of their crime, you can be charged with an indictable offence as an accessory after the fact under the Criminal Code.
A parent’s most fundamental instinct is to protect their child from harm, no matter the circumstances. 👪 When a son or daughter shows up at your door in the middle of the night, panicking because they have committed a serious crime, the natural reaction is to pull them inside and lock the door. However, Canadian criminal law views this protective instinct very differently when it interferes with a police investigation.
Many people mistakenly believe that family members are legally immune from being charged if they help a relative escape the police. ⚔ Under the Criminal Code of Canada, this is entirely false. Whether you reside in Calgary, Edmonton, or Ottawa, parents, siblings, and close friends can all face severe federal charges if they actively assist a criminal suspect in evading arrest. Understanding the fine line between your right to remain silent and actively obstructing justice is critical to keeping yourself out of prison.
Step-by-Step Process: Handling Police Inquiries Regarding Your Child
If local police or the RCMP arrive at your home searching for your child, the situation is highly volatile. 📝 You are caught between your love for your child and your legal obligations. Follow these steps to navigate the encounter without committing a crime yourself.
Step 1: Do Not Lie or Fabricate Alibis
If the police ask if your child is inside, and you know they are hiding in the basement, actively lying is a criminal act. 🕵 While you have the right to silence and do not have to answer their questions, looking a police officer in the eye and stating, “My child is not here, they are in a different province,” is considered actively misleading an investigation.
Step 2: Ask to See a Search Warrant
The police cannot enter your home simply because they are looking for a suspect, unless they are in “hot pursuit” or have a valid warrant. 🔍 Step outside, close your front door, and politely ask if they have a search warrant or an arrest warrant with a Feeney endorsement (permission to enter a dwelling). If they do not, you are legally permitted to deny them entry.
Step 3: Refrain from Active Assistance
To avoid accessory charges, you must not provide “comfort or assistance for the purpose of enabling escape.” 💰 Do not hand your child the keys to your car, do not give them cash for a flight, and do not wash their bloody clothing. Doing any of these things crosses the line from being a passive bystander to becoming an active participant in their escape.
Step 4: Contact a Defence Lawyer Immediately
If your child is in trouble, the best way to help them-and yourself-is to hire a legal professional. 👨 A criminal defence lawyer can safely negotiate your child’s peaceful surrender to the police. This prevents a dangerous tactical raid on your home and eliminates the risk of you being charged with harbouring a fugitive.
How Much Does Legal Representation Cost in Canada?
If you are charged as an accessory, or if you need to hire a lawyer to facilitate your child’s surrender, you will face significant legal fees. Below are estimates in CAD.
| Expense Type | Estimated Cost (CAD) | Description |
|---|---|---|
| Initial Legal Consultation | $300 – $500 | A strategic meeting to discuss how to safely surrender your child to the authorities. |
| Lawyer Retainer (Accessory Charge) | $3,500 – $7,500 | The upfront deposit required if the police arrest you for hiding your child. |
| Bail Hearing (For You) | $1,500 – $3,500 | Cost for your lawyer to secure your release if you are held in a provincial detention centre. |
| Trial Defence | $10,000 – $30,000+ | Total costs if you must fight the accessory charges in court. |
How Long Does the Process Take?
A police standoff or investigation can escalate in a matter of hours. 📅 If you are formally charged as an accessory after the fact, your journey through the Canadian court system will be lengthy. You can expect to spend 12 to 18 months attending various court appearances before reaching a final trial or resolution.
Frequently Asked Questions (FAQ)
Is there any spousal exemption for hiding a criminal?
No. Historically, Section 23(2) of the Criminal Code of Canada exempted a legally married spouse from criminal liability for assisting their partner in escaping justice. However, this spousal exemption was fully eliminated in 2000 (Repealed, 2000, c. 12, s. 92). There are no longer any exemptions or special protections under Canadian law for spouses who act as an accessory after the fact.
What if I didn’t know my child committed a crime?
To be guilty of being an accessory after the fact, the Crown must prove you had actual knowledge that your child was a party to an offence. If they just asked to crash on your couch and never told you they were running from a robbery, you lack the criminal intent required for a conviction.
Can I just refuse to open the door for the police?
Yes, unless the police have a warrant or exigent circumstances (like hearing someone screaming inside), you do not have to open your door. You can speak to them through a window or closed door and state you do not wish to talk.
Will I go to jail for giving my child money?
If you give them money specifically so they can buy a bus ticket or gas to evade a police manhunt, you have committed an indictable offence. The penalty depends on the crime they committed, but jail time is a very real possibility.
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