Criminal Negligence (Sentencing Cases)

This page was last substantively updated or reviewed January 2018. (Rev. # 90620)

• < Sentencing
• < Cases

Offence Wording

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 (CanLII), (DOJ)

---

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 (CanLII), (DOJ)

---

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.

R.S., 1985, c. C-46, s. 221; 2019, c. 25, s. 76

– CCC (CanLII), (DOJ)

---

Case Digests

Case Name	Prv.	Crt.	Sentence	Summary
R v Dedeckere, 2017 ONCA 799 (CanLII), per curiam	ON	CA	1 year imprisonment	The offender plead guilty to criminal negligence causing bodily harm. He attempted to kill himself by driving into a power poll and incidentally caused serious harm to a pedestrian. Mental health played a significant role in the offence. The Court of appeal overturned a 2 year sentence. Find summaries of case.

Causing Death

Case Name	Prv.	Crt.	Sentence	Summary
R v Calahoo, 2019 ABQB 30 (CanLII), per Ross J	AB	SC	2 years less a day imprisonment	Shaking 2 month old baby resulting in child's death Find summaries of case.
R v Nusrat, 2009 ONCA 31 (CanLII), per Epstein JA	ON	CA		Find summaries of case.
R v Olivier, 2002 CanLII 40808 (QC CA), per curiam	QC	CA		Find summaries of case.
R v Konkolus, 1988 ABCA 127 (CanLII), per curiam	AB	CA		Find summaries of case.
R v Mellstrom, 1975 CanLII 1270 (AB CA), per Allen JA	AB	CA		Find summaries of case.

Unreported

• [1] 2 years, 4 months (NS)