Criminal Negligence (Sentencing Cases)
| This page was last substantively updated or reviewed January 2018. (Rev. # 90146) |
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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.
- 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.
- 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
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) | AB  |
SC | 6 years | Find summaries of case. |
| 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 Mellstrom, 1975 CanLII 1270 (AB CA), per Allen JA | AB |
CA | Find summaries of case. |
Unreported
- [1] 2 years, 4 months (NS)