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ARTICLE · 02 DECEMBER 2019

When Does Negligence Become Criminal?

The Criminal Code of Canada contains several negligence based criminal offences, including dangerous driving as well as failure to provide the necessaries of life.

CanadaCriminal Law

The Criminal Code of Canada contains several negligence based criminal offences, including dangerous driving as well as failure to provide the necessaries of life.

The broader offence of criminal negligence is contained at section 219 of the Criminal Code. Section 220 is the provision dealing with criminal negligence causing death. They read as follows:

219 (1) Everyone is criminally negligent who

(a) in doing anything, or

(b) in omitting to do anything that is his duty to do,

shows wanton or reckless disregard for the lives or safety of other persons.

(2) For the purposes of this section, duty means duty imposed by law.
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220 Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable

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