Criminal Negligence (Sentencing Cases)

This page was last substantively updated or reviewed January 2020. (Rev. # 93136)

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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)

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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)

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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)

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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

. B. J. S. - Reasons for Sentence, 2005 BCPC 408 (CanLII), <https://canlii.ca/t/1lswg

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 Cassady, 2016 ONSC 6063 (CanLII), per Heeney J	ON	SC		"Heeney, J., imposed a sentence of 42 months for one count of criminal negligence in operation of a motor vehicle, causing death. The 22-year-old offender was travelling at more than 100 kilometres per hour over the posted speed limit when he struck the rear of the victim’s motorcycle. There were mitigating factors in play for Mr. Cassady, including a guilty plea, youthful age, expression of remorse, acceptance of responsibility, no record of prior driving infractions, and no risk of reoffending. There are no similar mitigating factors for Mr. Mercer." (Quoting from R v Mercer, 2018 NLSC 219 (CanLII)), at para 33 Find summaries of case.
R v Badhwar, 2011 ONCA 266 (CanLII), per J	ON	CA		"the Ontario Court of Appeal upheld a 30 month sentence (less credit for time served) imposed at trial following conviction for criminal negligence causing death while street racing. Although the Court did not alter the sentence, Moldaver, J.A., writing for a unanimous panel, stated, “I think it was lenient”. The street race was of 40 kilometres duration, and on a busy highway." (Quoting from R v Mercer, 2018 NLSC 219 (CanLII)), at para 29 Find summaries of case.
R v Nusrat, 2009 ONCA 31 (CanLII), per Epstein JA	ON	CA		Find summaries of case.
R v Cappo, 2005 SKCA 134 (CanLII), per Sherstobitoff JA	SK	CA		Find summaries of case.
R v BJS, 2005 BCPC 408 (CanLII), per Quantz J	BC	PC		Find summaries of case.
R v Lam, 2003 CanLII 31332 (ON CA), per Labrosse JA	ON	CA		"the Ontario Court of Appeal upheld a 24 month sentence for criminal negligence causing death. Labrosse, J.A., writing for a unanimous panel, found (at paragraph 14) that “while the sentence imposed could have been more substantial, the case law does not support a conclusion that the sentence imposed is demonstrably unfit.” This was not a street racing case but, rather, was a case of extremely reckless driving. The offender was going 170 kilometres per hour in a 70 kilometre per hour zone. Several mitigating factors were in play: short duration of high speed, no significant driving record, impeccable background and character. Mr. Mercer does not have the benefit of similar mitigating factors and, the circumstances of his conduct are more serious." (Quoting from R v Mercer, 2018 NLSC 219 (CanLII)), at para 27 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)