Criminal negligence is one of the most serious and misunderstood concepts in the Canadian legal system. It is not about a simple mistake, a momentary lapse in judgment, or a civil accident. It is about a “marked and substantial departure” from how a reasonable person would act in the same circumstances. When that departure results in a tragic loss of life, the state moves quickly to lay charges that carry life-altering consequences.
At Kazandji Law, our Ontario criminal negligence causing death lawyers defend individuals caught in the crosshairs of the law following industrial accidents, high-speed vehicle collisions, or failures in a professional duty of care.
We understand that these cases are often born from tragedy, not malice. Our role is to provide a sophisticated, evidence-based defence that ensures a tragedy is not compounded by a wrongful or over-punitive conviction.
The Legal Standard: Sections 219 and 220
The legal definition of criminal negligence is found in Section 219 of the Criminal Code. It states that everyone is criminally negligent who, in doing anything or in omitting to do anything that it is their duty to do, shows “wanton or reckless disregard for the lives or safety of other persons.” When this conduct causes death, the charge falls under Section 220.
This is an objective standard. This means the court does not necessarily care what you were thinking at the exact moment of the incident. Instead, they look at what you did (or failed to do) compared to what a hypothetical “reasonable person” would have done. To convict, the Crown must prove that you had a legal duty and that your failure to meet it was a massive deviation from the norm — not just a minor error.
Why You Need Specialized Ontario Criminal Negligence Causing Death Lawyers
These cases are rarely straightforward. They often involve a complex overlap between different legal systems. For instance, a workplace death might involve a criminal prosecution while you are simultaneously being investigated by the Ministry of Labour under the Occupational Health and Safety Act. A driving-related death might involve the Highway Traffic Act alongside the Criminal Code.
We coordinate your defence across all fronts. Our Ontario criminal negligence causing death attorneys work with a network of experts to dismantle the Crown’s theory of “recklessness.”
We look for “Intervening Acts” — factors outside of your control, such as third-party negligence, mechanical failure, or the victim’s own unforeseen actions — that were the actual proximate cause of death. If we can prove that the death was not a direct result of your actions, the legal link required for a conviction is broken.
The “Marked and Substantial” Threshold
To find someone guilty of this charge, the court must find that the conduct represents a “marked and substantial departure” from the standard of care. This is a significantly higher bar than civil negligence (where someone might just be sued for damages).
In many cases, the police and Crown try to turn a “marked” departure (which might be Dangerous Driving) into a “marked and substantial” departure (Criminal Negligence). We fight to keep the prosecution honest. If the conduct was poor but didn’t reach that high criminal threshold, you should not be convicted of a crime that carries a maximum penalty of life imprisonment.
FAQs: Ontario Criminal Negligence Causing Death Lawyers
What exactly is a “marked and substantial departure”?
It is the highest standard of fault in Canadian law for non-intentional crimes. It means your actions weren’t just careless; they were so far outside the bounds of what a normal person would do that they showed a total disregard for the safety of others.
Is this the same as “Dangerous Driving Causing Death”?
No. They are related, but criminal negligence is a more serious charge. Dangerous driving requires a “marked” departure, while criminal negligence requires a “marked and substantial” departure. The latter carries a much higher maximum penalty.
Can I be charged for a fatal accident at my place of business?
Yes. Under the “Westray Bill” amendments to the Criminal Code, corporations and individuals can be criminally prosecuted for failing to ensure the safety of workers or the public. This is often referred to as “corporate homicide.”
What are the potential penalties for a conviction?
The maximum penalty is life imprisonment. If a firearm was involved in the negligence, there is a mandatory minimum sentence of 4 years in prison.
What if I didn’t realize I was being negligent?
The law uses an “objective” test. It doesn’t matter if you “thought” you were being safe. If a reasonable person in your shoes should have seen the risk, you can still be held criminally liable.
Can I get bail for a criminal negligence causing death charge?
Yes, bail is possible. However, the conditions are often strict. You may be prohibited from driving, operating heavy machinery, or continuing to work in a specific industry while the case is pending.
What is the role of an “Expert Witness” in my case?
We hire independent accident reconstructionists, engineers, and safety auditors to provide an alternative view of the incident. Often, these experts can prove that the death was caused by factors you couldn’t have seen or controlled.
Can I get a discharge for criminal negligence?
No. Because the offence carries a maximum penalty of life imprisonment, it is not eligible for an absolute or conditional discharge. A conviction will result in a permanent criminal record.
What if there were multiple contributing causes to the death?
The Crown must prove your negligence was a “significant contributing cause.” If the death was primarily caused by something else, we can argue that your actions do not meet the legal threshold for criminal responsibility.
Why is Kazandji Law the right choice for these cases?
We are exceptionally thorough. We don’t just read the police summaries; we dive into technical manuals, digital safety logs, weather reports, and forensic data to build a comprehensive wall of evidence in your favour.
What is Arson by Negligence?
This is a specific form of criminal negligence (Section 436) where a fire or explosion is caused by a person failing to comply with safety laws or standards. It is often charged alongside general criminal negligence.
How does Provocation work in negligence cases?
Strictly speaking, provocation is a defence to murder, not negligence. However, the “context” of the situation — including whether you were under extreme stress or reacting to an emergency — can be used to show your actions were “reasonable” in the moment.
Why Work With Our Ontario Defence Attorneys
Criminal negligence cases are often “trial by expert.” You need a lawyer who isn’t intimidated by thousands of pages of technical data. We have the technical literacy to cross-examine government experts and point out where they skipped steps or made assumptions that aren’t backed by science.
What You Should Do Next
If you have been involved in a fatal incident, do not provide a statement to investigators — even if it seems like an “accident.” In Ontario, the police are looking for admissions that support a “marked departure” from safety. Contact Kazandji Law immediately, so our Ontario criminal negligence causing death lawyers can begin our own independent investigation before evidence is lost or scenes are altered.