Criminal Negligence
Criminal negligence is defined in section 219 of the Criminal Code: anyone is criminally negligent who, in doing anything or in failing to do anything that it is their duty to do, shows wanton or reckless disregard for the lives or safety of other persons. The standard is significantly higher than ordinary negligence — it is a marked and substantial departure from what a reasonable person in the circumstances would do. The offence underpins criminal negligence causing death (section 220) and criminal negligence causing bodily harm (section 221).
Mass Tsang's criminal lawyers handle the full range of criminal negligence matters, with extra care for fatality files where stakes are at their highest.
Wanton or reckless disregard
The Supreme Court has defined the mens rea standard in R v J.F., 2008 and R v Beatty, 2008 (for the closely related dangerous driving context). The accused's conduct must constitute a marked and substantial departure from the standard of a reasonable person. Mere inadvertence, mistake, or ordinary carelessness is not enough. The departure must be so significant that it amounts to wanton or reckless disregard for the safety of others.
Duty cases
Criminal negligence can arise from action or omission. Where the law imposes a duty — for example, the duty to provide the necessaries of life to a dependant under section 215, or the duty of care attached to a profession or trade — failure to fulfill the duty in a manner that shows wanton or reckless disregard for safety can support a criminal negligence charge. Cases against parents, caregivers, employers, and certain professionals have been built on omission-based criminal negligence.
Common applications
Frequent applications include: workplace deaths or injuries arising from grossly substandard safety practices; medication errors and abandonment of vulnerable persons by caregivers; some serious motor-vehicle incidents (though most are prosecuted under section 320.13 dangerous driving instead); and cases involving the discharge of firearms without due care. The line between criminal negligence and other offences is often a matter of Crown discretion and case theory.
Penalties
Criminal negligence causing death carries a maximum of life imprisonment. Criminal negligence causing bodily harm carries a maximum of 10 years. Where firearms are involved, mandatory minimums may apply. Sentencing turns heavily on the degree of departure from the standard, the foreseeability of the harm, and the accused's awareness of the risk.
Defences
Defences include: the conduct fell short of "marked and substantial" departure (the high threshold isn't met); the duty alleged didn't exist or wasn't owed to the complainant; the harm wasn't reasonably foreseeable; causation failed; and Charter issues with the investigation.
Related glossary terms
