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.
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.