Canada Federal Statutes. Criminal Code. Part VIII -- Offences Against the Person and Reputation. Criminal Negligence.

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Primary Citation:  R.S.C. 1985, c. C-46, s. 219 - 221 Country of Origin:  Canada Last Checked:  Date Adopted: 

Summary: <p> The statutory definition of criminal negligence involves doing any act or omitting to do a legal duty that shows &lsquo;wanton or reckless disregard for the lives or safety of others.&rsquo; Use of the words &lsquo;others&rsquo; suggests that only attacks on human beings, rather than pets, livestock or inanimate property, can trigger charges under this statute. In alleged criminal cases, it is the State rather than the attack victim who lays the charges. </p>

219(1) Criminal negligence

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.

219(2) "duty"

For the purposes of this section, "duty" means a duty imposed by law.

220. Causing death by criminal negligence

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.

1995, c. 39, s. 141

 

221. Causing bodily harm by criminal negligence

Every one who by criminal negligence causes bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

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