I know you can get charged if you hide a criminal but what if its just an elderly person who I believe should not be in an institution like that. And yes the person has been declared incapable of taking car of themselves by two doctors.
Asked over 2 years ago in Victoria, British Columbia
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 British Columbia lawyer
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There is not a specific offence that applies to "hiding" escaped mental health patients", but some actions taken to do that could very well be criminal, depending on all the circumstances. Most obviouyosly, if the police are asking questions, or come to the door in the execution of their duty (under the BC Mental Health Act to apprehend an escaped mental health patient, for example), obstructing them is a criminal offence. This would include lying to a police officer, but it might not include refusing police entry without a warrant - that would depend on all the circumstances, such as any urgency to protect people from harm. If the escaped patient is known to be a high risk for violence for example, warrantless entry may be justified, and any resistance could be a criminal offence. If someone is truly in this position, or potentially could be, I would strongly recommend speaking directly with a lawyer for specific advice on their situation. This kind of summary legal advice may not cost you anything, or very little, but knowing one's rights in those specific circumstances will be very valuable when the police are at the door.
Posted over 2 years ago
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