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Call us | Montreal: (514) 526-2378 (LAMBERT) | Quebec: 418 526-2378 (LAMBERT) | 24h / 7 days in case of arrest

LAMBERT AVOCATS

Avocats SAAQ, Responsabilité civile, Recours collectifs à Montréal et les environs

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          • Representing yourself in court without a lawyer
          • Recording a conversation
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          • Boat accidents
          • Skiing accidents and other winter sports
          • Accidents during a hunting activity
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          • Dog bite or attack
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  • About
    • Services
      • Class Actions
      • Civil Liability
      • Medical Liability
      • Car Accidents
      • Work Accidents
      • Victims of Criminal Offence
      • Retraite Québec
      • Social Welfare
      • Disability Insurance
      • Criminal Law
      • Penal Law
      • Disciplinary Law
    • Philosophy
      • Protection of your rights
      • Personalized service
      • Trust
    • Legal Fees
      • Percentage
      • Fixed
      • Hourly rate
      • Legal Aid
      • Legal Insurance
    • Distinctions
      • Consumer Choice
      • Three Best Rated
    • Press
      • Class Actions
      • Civil Liability
      • Administrative Law
      • Disability Insurance
  • Team
    • Lawyers / Representatives
      • Mtre Jimmy Ernst Jr. L. Lambert
      • Mtre Benjamin W. Polifort
      • Mtre Loran-Antuan King
      • Mtre Yahia Belhaddad
      • Mtre Felicia Rotaru
      • Mtre Sandra H. Kim
      • Mtre Olivier Hankins-Meilleur
      • Mtre Bo Chi Zhang
      • Mtre Philippe Brault
      • Daphné McConnell
    • Assistants
      • Jeannie Nguyen
      • Céline Slamani
      • Rubi Barboza Gomez
      • Emilie Leblanc
    • Bar Students / Interns
      • Mtre Mégane Rousseau
      • Sandrine Puchin
    • Students
  • Administrative Law
    • Car Accidents (SAAQ)
      • Your SAAQ file
        • Challenging a SAAQ decision
        • Application for administrative review to the SAAQ
        • SAAQ Administrative Review Decision
        • Recourse to the Tribunal administratif du Québec
        • Conciliation at the Tribunal administratif du Québec
        • Trial at the Tribunal administratif du Québec
        • Review of the judgment of the Tribunal administratif du Québec
        • Recourse to the Superior Court
      • Dispute period
      • Income replacement indemnity claim
      • Compensation for bodily injury
      • Compensation for psychological damage
      • Determined employment and return to work
      • Relapse, recurrence or aggravation
      • Causal link
      • Personal assistance at home
      • Request for reimbursement
    • Work Accidents (CNESST)
      • Contestation of a CNESST file
      • Income replacement indemnity
      • Employment
      • Compensation for relapse
      • Civil action for a work accident
    • Victims of Criminal Offence (IVAC)
      • Criminal acts covered by the IVAC
      • Criminal Compensation Lawyer
      • Victims of physical assault
      • Compensation for unemployed victims
      • Fault of the victim
      • Rehabilitation
    • Retraite Québec
      • Refusal of a request
      • Work income
      • Family allowances
      • Surviving spouse’s pension
      • Supplement for disabled children
      • Progress of the file
    • Social Welfare
      • Marital life
      • Misrepresentation or fraud
      • Investigation
  • Civil Law
    • Civil Liability
      • How to prove the damage
      • Assessment of civil damage
      • Compensation for bodily injury
      • Injuries caused by a fall
      • Injuries caused by the ruin of a building
      • Liability of the city in case of lack of maintenance
      • Responsibility of the school
      • Fact of the goods
    • Medical Liability
      • Remedies for compensation
      • Medical negligence and unnecessary treatment
      • Surgical errors and early discharge from hospital
      • Misdiagnosis
      • Malfunction of medical devices
      • Code of Ethics of Physicians
    • Prosecuting your aggressor in civil proceedings
      • Criminal vs. civil hearing
      • Prescription
    • Contractual Law
      • Claim for damages
      • Letter of formal notice
    • Disability Insurance
      • Disability Insurance
    • Hidden Defects
  • Class Actions
    • Ongoing Class Actions
      • Coloplast
      • Canada Post
      • Nintendo
      • Samsung
      • Videotron
      • Car dealers
      • GoFundMe
      • Fever
      • Hyundai (paint)
      • Brewers
      • SAQ
      • Psycom
      • Volkswagen (water leak)
      • “Alcohol-free” products
      • Ticketmaster
      • Diocese of Gaspé
      • Diocese of Rimouski
      • Diocese of Rouyn-Noranda
      • Social media
      • Bread recall
      • Kia (paint)
      • Audi (oil)
      • Tequila
      • STM
      • DoorDash (tips)
      • Lafontaine Tunnel
      • Public Storage
      • Volkswagen (ID.4)
      • Nissan (paint)
      • Nissan (roof)
      • Nordik Spa
    • Completed Class Actions
      • Metro Metro Festival
      • Cogeco
      • DoorDash
      • Ironman
      • StockX
      • Croisières AML
      • Web Hosting Canada
      • UberEats
      • UberEats (Service Fees)
      • Laurentian Bank
    • Frequently asked questions
      • What are the steps of a class action?
      • How do I become a class member in a class action?
      • How to make a claim?
      • How much to receive as compensation?
      • When to receive compensation?
  • Criminal Law
    • Offences
      • Assault
      • Assault on a peace officer
      • Break and enter
      • Criminal negligence
      • Dangerous driving
      • Fraud
      • Hit-and-run
      • Impaired driving (DUI)
      • Mischief
      • Murder and attempted murder
      • Obstruction of justice
      • Possession of drugs and other substances
      • Possession of firearms
      • Sexual assault
      • Theft and possession of stolen goods
      • Threats
    • Procedure
      • Rights and freedoms in the event of arrest
      • Interim release
      • Elements of a criminal offence
      • Sentencing
      • Application for a record suspension
    • Charter Rights
      • Right to be informed of the reasons for arrest and right to counsel
      • Right to silence
      • Presumption of innocence
      • Right to be free from arbitrary detention or imprisonment
      • Right to be secure against unreasonable search or seizure
    • Defence
      • Coercion and necessity
      • Error of fact
      • Ignorance of the law
      • Intoxication
      • Self-defence
      • Not criminally responsible
      • Provocation
  • Penal Law
  • Disciplinary Law
    • Dentists
    • Engineers
    • Judges
    • Notaries
    • Nurses
    • Opticians
    • Optometrists
    • Psychologists
    • Real Estate Brokers
    • Veterinarians
  • Housing Law
    • Tenant Representation
      • Abandonment of housing
      • Pets and Rental Housing
      • Rent increase
      • Request for Deposit
      • Deposit: Illegal or Not?
      • Rodent infestation
      • Housing unfit for habitation
      • Obligations of delivery, maintenance, and fitness of the property
      • Repairs in the home
      • Neighbourhood disturbances
      • Validity of the lease
      • Sale of housing
    • Landlord Representation
      • Hidden defect lawyers
      • Death of the tenant
      • Eviction
      • Non-payment of rent and frequent delays
      • Repossession of accommodation
      • Termination, Sublease and Assignment of Lease
  • Aviation Lawyers
    • Passenger Rights
      • Travel insurance
      • Right to assistance
      • Right to compensation
      • Right to information
      • Right to care
      • Disclaimer
      • Carrier’s Obligations
      • Additional obligations of airlines
      • Penalties
    • Laws and regulations
      • Air Passenger Compensation
      • The Montreal Convention
      • International Civil Aviation Organization (ICAO)
      • European Regulation
    • Complaints procedure
      • Relevant documents and information to keep
      • Claim Form
      • Small claims claim
    • Special situations
      • Cessation of an airline’s activities
      • Rights of passengers with special needs
      • Denied boarding
  • Legal Capsules
    • General
      • Prescription
      • Guide to writing a letter of formal notice
      • Small Claims Court
      • Representing yourself in court without a lawyer
      • Recording a conversation
    • Civil Liability
      • Aquatic accidents
      • Boat accidents
      • Skiing accidents and other winter sports
      • Accidents during a hunting activity
      • Recreation
      • Burns caused by aesthetic care
      • Transmission of an STI
      • Dog bite or attack
      • Responsibility of a babysitter or daycare
      • Bullying at school
      • Defamation
    • Consumer Law
      • Unfair term in terms of membership
      • Punitive damages
      • Misrepresentation in advertisements
      • Cancellation fees
      • Extended warranty
      • Illegal pricing practice
        • Price Accuracy Policy
        • Additional fees in consumer contracts
      • Abusive loans
      • Flight delay, cancellation or overbooking
      • Telecommunications companies
        • Complaint to the Commission for Complaints for Telecom-television Services (CCTS)
        • Termination fees for telecommunications contracts
    • Car Accidents
      • After a car accident: the impact on victims
      • Compensation for an accident that occurred while using a vehicle
      • Accident with a snow removal vehicle
      • Injuries sustained in an automobile accident outside Quebec
      • Compensation by the SAAQ for personal assistance at home
      • The SAAQ’s no-fault regime
      • Simulation
    • Work Accidents
      • Accidents at work while working from home
      • Civil action for a work accident
      • Accident at work outside working hours
      • Presumption of occupational diseases
      • De Quervain’s tendinitis
      • Cannabis use in the workplace
      • Guide for victims of psychological harassment at work
    • Victims of Criminal Offence
      • Psychotherapy for the victim of criminal offence
  • Career
  • Reach us
  • English
    • Français

Criminal negligence

You are here: Home / Criminal negligence

Criminal negligence is the result of actions that are neither accidental nor intentional, but rather demonstrate a form of recklessness or negligence.

Indeed, under the Criminal Code, a person convicted of criminal negligence will have done something or omitted to do something that it is his duty to do, that shows a wanton or reckless disregard for the life or safety of others. In other words, a person will be found guilty of criminal negligence if he or she acts with a “marked and substantial departure” from the conduct of a reasonable person in the same circumstances.

Legal obligation

When we talk about “duty” in the context of criminal negligence, we are talking about a duty imposed by law on an individual. A good example of a duty is that of a parent with a legal duty to supervise and protect their child.

Criminal negligence

Types of Criminal Negligence

Negligence is considered criminal when it causes bodily harm or death.

Criminal negligence causing bodily harm

Criminal negligence causing bodily harm can be illustrated by the case R. v. M. L. of the Court of Quebec.

In this case, the accused had entrusted the supervision of his two-year-old son to his brother, whose skills were notoriously limited and despite knowing that a dangerous dog that had already caused bite injuries was nearby. During the evening, during a moment of inattention by the brother, the child was bitten and injured by the dog.

The court found the accused guilty of criminal negligence because he failed to fulfill his legal duty to supervise and protect his son, causing him harm.

Criminal negligence causing death

Criminal negligence causing death can be illustrated by the case R. v. Falardeau-Laroche.

The accused, who suffers from epilepsy, loses consciousness while driving his vehicle, causing a serious accident. One victim lost his life and two others had significant injuries. The accused’s physician had informed him of the dangers of driving within three months of changing his medication and had prohibited him from driving during that time. The accused’s entourage, witnesses of his repeated loss of consciousness, had also strongly recommended that the accused not drive. Despite these instructions and a recent change in medication, the accused still drove his vehicle causing the said accident and the death of a victim.

The Court found the accused guilty because he had shown himself to be reckless and reckless with regard to the lives and safety of others. He knew that at any time he could be the victim of absences due to epilepsy. Any reasonable citizen, placed in the same circumstances, would not have gotten behind the wheel of his vehicle.

Sentences

In the case of criminal negligence causing death, if the accused used a firearm in the commission of the offence, he or she is liable to a sentence ranging from a minimum of 4 years to life imprisonment.

In the case of criminal negligence causing bodily harm, the accused faces a maximum sentence of 10 years‘ imprisonment.

Criminal negligence is a serious offence that can have serious legal consequences, up to and including life imprisonment in the most serious cases. It is crucial to understand your legal obligations and be represented by a competent criminal lawyer.

If you are accused of criminal negligence or have questions about it, contact us today for legal advice tailored to your situation.

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Criminal offences

Assault

Assault on a peace officer

Break and enter

Criminal negligence

Dangerous driving

Fraud

Hit-and-run

Impaired driving (DUI)

Mischief

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Obstruction of justice

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Criminal procedure

Arrest and detention

Interim release

Elements of a criminal offence

Disclosure of evidence

Constitutional remedies

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Right to silence

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