
Criminal Negligence
Criminal negligence refers to conduct that shows a wanton or reckless disregard for the lives or safety of others. It can result in serious charges under the Criminal Code when bodily harm or death occurs due to such conduct.
The key offences are:
Criminal Negligence Causing Bodily Harm (s. 221)
Criminal Negligence Causing Death (s. 220)
To prove criminal negligence, the Crown must show that:
The accused breached a duty of care, either by act or omission,
The breach demonstrated a marked and substantial departure from the conduct of a reasonable person,
The conduct caused bodily harm or death.
Criminal negligence can arise in a wide variety of situations: car accidents, workplace incidents, or unsafe storage or handling of firearms or explosives.
The penalties are severe — up to life imprisonment for causing death, and up to 10 years for causing bodily harm.
Defending these charges may involve proving that the conduct did not rise to the level of criminal negligence, that the accused took reasonable steps to prevent harm, or that the harm was not foreseeable. Expert evidence often plays a key role in both prosecution and defence of these cases.
Maximum Possible Sentence
LIFE