Criminal negligence is only an offence if it results in bodily harm or death. The definition of criminal negligence is found in Section 219 of the Criminal Code. It consists in the commission of an act OR the omission of doing something which is one’s legal duty to do, showing wanton or reckless disregard for the lives or safety of other persons.
What is obvious in this definition is that this crime deals with actions or omission beyond a mere mistake, simple negligence or an oversight. Not only this behaviour indicates a clear and significant breach with normal behaviour, but it has to be proven that a reasonable person acting in the situation of the defendant would know that the action would jeopardize the life or physical integrity of a person. On the other hand, in order to find someone guilty, it is not necessary to prove that the defendant knew that regrettable consequences would ensue.
We believe it is an offence involving broad interpretation and therefore makes it possible to plead that the defendant did not have the required criminal intention, inasmuch as the client’s version allows us to go that way.
The maximum sentence for criminal negligence causing bodily harm is ten years of imprisonment (Section 221 Criminal Code). Therefore, it is possible to request an absolute or conditional discharge if convicted. In case of a conviction for criminal negligence resulting in death, the maximum sentence is life imprisonment, and there is even a minimum sentence if a firearm was used (Section 220 Criminal Code).
There are many possible defences that can be pleaded in court to have a client acquitted: was the action really wanton and reckless to the point of consisting in criminal negligence? What evidence of this do the witnesses provide? Is their testimony reliable? Did the client have all the required information to adequately assess the situation? Etc.
