Author: Tracey Young. (March 17, 2022). Crime Series: Part 3 - Criminal Negligence in Canada. C4D - Canadians 4 Democracy. Retrieved from: https://c4d-canadians4democracy.blogspot.com/2022/03/crime-series-part-3-criminal-negligence.html.
Disclaimer: I am not a lawyer. I am a Public Interest Advocate. The information contained in this article is not intended to be used for legal advice. Please consult a legal professional for legal advice or speak with a local law enforcement agency if you believe a criminal act/action has taken place.
Criminal Negligence Criminal Code Violations
In Canada, there are more than one set of violations of the Criminal Code of Canada for Criminal Negligence. These are introduced below.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.
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.
Causing bodily harm by criminal negligence
221 Every person who by criminal negligence causes bodily harm to another person is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) an offence punishable on summary conviction.
Duty of persons directing work
217.1 Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.
Proving criminal negligence under s. 219 should include:[1]
- ☐ identity of accused as culprit
- ☐ date and time of incident
- ☐ jurisdiction (incl. region and province)
- ☐ the culprit had a legal duty;
- ☐the culprit did something or omitted to do something that it was their legal duty to do;
- ☐ the conduct showed "wanton or reckless disregard for the lives or safety of others"
Proving criminal negligence causing death under s. 220 should include:
- ☐ elements of s. 219;
- ☐ the conduct showed a "marked and substantial departure" form the conduct of a reasonably prudent and
- ☐ the alleged act caused the death of another person.
Proving criminal negligence causing bodily harm under s. 221 should include:
- ☐ elements of s. 219;
- ☐ another person suffered bodily harm
- ☐ the alleged act caused the harm
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