What Is Criminal Negligence Causing Death?

Under section 219(1) of the Criminal Code, one is criminally negligent when he or she shows wanton or reckless disregard for the lives or safety of other persons in the act of doing anything, or in omitting to do anything that is his or her legal duty to do so.

One whose criminally negligent act or omittance causes death is liable for culpable homicide. Under section 222(5)(b), a person commits culpable homicide when he or she causes the death of a human being by criminal negligence.

Under section 220 of the Criminal Code, the maximum punishment in a criminal negligence causing death case is life imprisonment. If a firearm was used, there is a mandatory minimum sentence of four years imprisonment.


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