Full Statute Name:  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:  July, 2021 Date Adopted:  1995 Historical: 
Summary: The statutory definition of criminal negligence involves doing any act or omitting to do a legal duty that shows wanton or reckless disregard for the lives or safety of other persons. In alleged criminal cases, it is the State rather than the attack victim who lays the charges.

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. 2212019, c. 25, s. 76

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