Criminal Negligence

Criminal Negligence arises when someone, who has a legal duty, shows a wanton or reckless disregard for the lives or safety of others. While criminal negligence can take many forms, it most commonly involves actions or omissions that result in bodily harm or death.

Criminal Negligence: Criminal Code Definition

Section 219 of the Criminal Code defines criminal negligence as:

• Doing anything, or
• Omitting to do anything that it is your duty to do,

…where the act or omission demonstrates wanton or reckless disregard for the lives or safety of other persons.

Facing criminal negligence charges? Call (306) 994-9522 today for a free consultation with an experienced criminal defence lawyer.

Criminal Negligence: Key Definitions

Duty: Refers to a legal obligation imposed by law. For example, drivers have a duty to operate vehicles safely and avoid causing harm.

Types of Criminal Negligence Offences

There are two key forms of criminal negligence:

• Criminal Negligence Causing Bodily Harm (Section 221): Occurs when criminal negligence results in significant injuries.
• Criminal Negligence Causing Death (Section 220): Occurs when criminal negligence results in the death of another person.

What Sets Criminal Negligence Apart? 

Criminal negligence can be confused with other offences, such as homicide or dangerous driving. However, key distinctions exist:

• Homicide: Criminal negligence can form the basis for culpable homicide, but the essential difference lies in intent. Homicide requires intentional or reckless conduct that is likely to cause death, while criminal negligence focuses on marked and substantial disregard for safety.
• Dangerous Operation: Dangerous driving involves a lesser standard of negligence, referred to as a marked departure from the conduct of a reasonable person. Criminal negligence requires proof of a marked and substantial departure.

Potential Penalties for Criminal Negligence 

Criminal negligence can be either a hybrid or indictable offence depending on the specific charge, the severity of the offence, and whether the Crown elects to proceed by summary conviction or by indictment.

• Causing Bodily Harm: Hybrid Offence
  • Summary Conviction: No minimum sentence.
  • Indictment: Maximum penalty of 10 years imprisonment.
• Causing Death: Indictable Offence
  • Indictment: Maximum penalty of life imprisonment.
  • Minimum Sentence: Minimum 4-years imprisonment if a firearm is used.

Aggravating Factors

• Use of a firearm or other dangerous weapons;
• Targeting vulnerable individuals (e.g., children, elderly, or disabled persons);
• Recklessness in a position of trust (e.g., parents, employers, or supervisors);
• Conduct resulting in multiple injuries or fatalities;
• Alcohol or drug impairment at the time of the offence.

Indictable Dispositions Available for Criminal Negligence

• Jail
• Jail + Probation
• Jail + Fine

Have you been charged with Criminal Negligence? Act now. Dial (306) 994-9522 for a free consultation with a criminal defence lawyer. 

Potential Defences Against Criminal Negligence Charges 

To secure a conviction, the Crown must prove:

1. You had a legal duty to act or refrain from acting;
2. Your conduct amounted to a wanton or reckless disregard for safety;
3. Your actions or omissions caused harm or death.

There are several defences against criminal negligence charges, depending on the circumstances: 

• Momentary Inattention: The conduct was not reckless but a brief lapse in judgment without foresight of harm.
• Lack of Causation: An unforeseeable event caused the injury or death.
• Reasonable Conduct: Your behaviour did not depart significantly from what a reasonable person would do in the same circumstances.

Criminal negligence charges carry severe penalties and long-term consequences. If you are facing these allegations, it is essential to have a skilled criminal lawyer who understands Canadian criminal law and can protect your rights.

Have You Been Charged with Criminal Negligence?

An experienced criminal defence lawyer is essential when facing criminal negligence charges. A criminal defence lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.

Need a Criminal Defence Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Defence Lawyer

Don't hesitate to reach out to us if you have been charged with criminal negligence. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.