Canadian Criminal Law/Offences/Criminal Negligence

Overview

Although criminal negligence is a broadly defined offence, in practice, most charges of criminal negligence relate to the accused's operation of a motor vehicle.

Legislation

Criminal negligence
219. (1) Every one is criminally negligent who

(a) in doing anything, or

(b) in omitting to do anything that it is his duty to do,

shows wanton or reckless disregard for the lives or safety of other persons.
Definition of “duty”
(2) For the purposes of this section, “duty” means a duty imposed by law.
R.S., c. C-34, s. 202.

– CCC

Causing death by criminal negligence
220. Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable

(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(b) in any other case, to imprisonment for life.

R.S., 1985, c. C-46, s. 220; 1995, c. 39, s. 141.

– CCC

Causing bodily harm by criminal negligence
221. Every one who by criminal negligence causes bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
R.S., c. C-34, s. 204.

– CCC

Proof of the Offence

The Crown should prove the following elements:

Criminal Negligence: s. 219

1. identity of accused
2. date and time of incident
3. jurisdiction (incl. region and province)
4. the accused did anything or omitted "to do anything that it is his duty to do"
5. the conduct showed "wanton or reckless disregard for the lives or safety of others"

Criminal Negligence Causing Death: s. 220
In addition to the elements of Criminal Negligence, the additional elements are:

1. another person is dead
2. the accused's conduct caused the death
3. the conduct involved a firearm

Criminal Negligence Causing Bodily Harm: s. 221
In addition to the elements of Criminal Negligence, the additional elements are:

1. another person suffered bodily harm
2. the accused's conduct caused the harm

Cases

• R. v. Vermette, 2012 MBQB 46 -- acquittal