Ontario
Over the past two years, staff from the Ministries of Community and Social Services, Attorney General, Solicitor General and Correctional Services, and the Ontario Women's Directorate have met with community organizations concerned with the serious problem of female genital mutilation (sometimes known as female circumcision) to discuss and devise initiatives to eradicate this practice. Female genital mutilation is the removal of, or injury to, any part of the female genital organ. The age at which this occurs ranges from a few days old to adolescence, or even beyond in some countries. Existing sections of the Criminal Code concerning sexual assault and wounding can be used to deal with the problem. More specifically, in the event a person performed the procedure in Canada, he or she could be charged with sexual assault causing bodily harm (up to fourteen years imprisonment) or aggravated sexual assault (up to life imprisonment). The girl's parents/guardians could be charged with being parties to the offence (same potential penalty). After the procedure has been performed, if the parents did not seek medical treatment for the girl's wounds they could be considered not to have provided the necessaries of life. This could potentially lead to a charge of criminal negligence causing bodily harm (up to ten years imprisonment). If the girl dies as a result of her wounds, the person performing the procedure and the parents could be charged with criminal negligence causing death (up to life imprisonment). All acts related to female genital mutilation must be fully investigated and, where warranted, the appropriate charge laid. As in every case, the decision to lay a criminal charge and the particular charge laid is a matter to be determined by the particular circumstances and facts of each case. The Ministry of the Attorney General has recently sent a memorandum to all Crown Attorneys indicating that anyone charged with any act relating to female genital mutilation must be vigorously prosecuted to the full extent of the law. In March 1992, the Ontario Association of Children's Aid Societies approved the following statement on the subject of female mutilation: "The performance of female circumcision, excision or infibulation on a child meets the definition of child abuse in the Child and Family Services Act of 1984." Educational initiatives may go a long way toward preventing continuation of this practice in Canada. The Attorney General and Minister Responsible for Women's Issues has recently struck a task force (the Ontario Female Genital Mutilation Prevention Task Force) which will be responsible for developing and implementing policies and strategies to eradicate this practice. In addition, this task force will be responsible for the development and promotion of community development initiatives to support the affected girls and women. These community educational initiatives will be directed not only to members of the target cultures but also to institutional personnel, such as teachers, nurses, police, prosecutors, etc. who may come in contact with this issue. Please make this information available to appropriate members of your police service. If you require any further input or clarification, please contact Police Services Advisor, Sheila Barker, at (416) 314-3021.
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