A charge of criminal negligence causing death is a serious offense in Canadian criminal law. Under Section 220 of the Criminal Code, causing death by criminal negligence carries a maximum penalty of life imprisonment, placing it alongside murder and manslaughter as a form of culpable homicide. If you are facing this charge in Ottawa or Eastern Ontario, the stakes could not be higher for your freedom, your criminal record and your future.
At Frouhar Law, our criminal defence lawyers have the courtroom experience to mount a vigorous defence against criminal negligence charges. We fight aggressively to protect our clients' rights at every stage — from bail hearings through trial and sentencing.
Criminal negligence is a distinct criminal offence defined in Section 219 of the Criminal Code of Canada, requiring conduct that shows wanton or reckless disregard for the lives or safety of other persons. When that conduct causes the death of another human being, the accused faces charges under Section 220 — criminal negligence causing death.
Section 219(1) of the Criminal Code establishes that a person is criminally negligent when, in doing anything or in omitting to do anything that is their legal duty, they show wanton or reckless disregard for the safety of others. The term “duty” under Section 219(2) refers to any duty imposed by law, whether under the Criminal Code, provincial legislation or common law.
This threshold is significantly higher than civil negligence, which requires only a failure to exercise reasonable care and is proven on a balance of probabilities. Criminal negligence demands proof beyond a reasonable doubt that the accused’s conduct represented a marked and substantial departure from the standard of care expected of a reasonable person.
Section 220 of the Criminal Code states that every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable to:
Criminal negligence causing death is a straight indictable offence — the Crown cannot proceed by summary conviction. Under Section 222(5) of the Criminal Code, causing death by criminal negligence is a form of culpable homicide, the same category that includes murder and manslaughter.
Your liberty and your future are at risk. Our Ottawa criminal defence lawyers are available 24/7 to review your case and begin building your defence immediately.
Criminal negligence causing death carries the following penalties under the Criminal Code:
By comparison, criminal negligence causing bodily harm under Section 221 is also an indictable offence but carries a maximum penalty of ten years imprisonment. Ontario courts consider aggravating and mitigating factors when sentencing, including the degree of moral culpability, whether the offender’s conduct involved alcohol or impairment, the impact on the victim’s family, the offender’s mental health and remorse, and prior criminal record.
A conviction for criminal negligence causing death carries consequences beyond incarceration — a permanent criminal record affects employment, professional licensing, immigration status, international travel and child custody.
Criminal negligence causing death is closely related to manslaughter and dangerous driving causing death, but each offence has distinct legal elements. Manslaughter under the Criminal Code involves causing death through an unlawful act or criminal negligence, but has no mandatory minimum sentence unless a firearm is involved. Dangerous driving causing death under Section 320.13 requires proof of a marked departure from reasonable driving behaviour, while criminal negligence demands the higher standard of a marked and substantial departure showing wanton or reckless disregard. An accused can be charged with both criminal negligence causing death and manslaughter, though they may only be punished for one offence.
Whether you are charged with criminal negligence causing death, criminal negligence causing bodily harm or a related homicide offence in Ottawa, our defence lawyers will assess the evidence and develop a strategy to achieve the best possible outcome.
The burden of proof rests entirely on the Crown — if the prosecution cannot prove every element of criminal negligence causing death beyond a reasonable doubt, the accused must be acquitted. Common defence strategies include:
The Canadian Charter of Rights and Freedoms protects individuals accused of criminal negligence causing death. If law enforcement violated the accused’s Charter rights — through unlawful searches or seizures, failure to provide the right to counsel under Section 10(b), or improper detention — the defence may bring a motion under Section 24(2) to exclude evidence obtained through those violations. Excluding key forensic evidence or admissions can weaken the Crown’s case and lead to a withdrawal of criminal negligence charges or an acquittal at trial.
To obtain a conviction for criminal negligence causing death, the Crown must establish both the actus reus (guilty act) and the mens rea (guilty mind) beyond a reasonable doubt.
The Crown must prove three elements to establish the actus reus:
Several sections of the Criminal Code establish specific legal duties:
The Crown must prove both factual causation and legal causation. Factual causation asks whether, but for the accused’s act or omission, the death would have occurred. Legal causation, as established in R v Nette (2001 SCC 78), requires proof that the accused’s conduct was a significant contributing cause of the death.
The mens rea for criminal negligence causing death is assessed on a modified objective standard. As the Supreme Court of Canada confirmed in R v Javanmardi (2019 SCC 54), the Crown must prove the accused’s conduct represented a marked and substantial departure from the behaviour of a reasonably prudent person.
The court examines whether the accused’s actions created a foreseeable risk to the lives or safety of others and whether a reasonable person would have recognized that risk. The accused need not have intended to cause death — but their conduct must demonstrate moral blameworthiness that goes well beyond simple carelessness.
An experienced criminal defence lawyer can identify weaknesses in the Crown’s evidence and fight to have criminal negligence charges withdrawn, reduced or dismissed at trial.
When you are accused of criminal negligence causing death, you need a defence team with trial experience in homicide-related offences. Frouhar Law is an Ottawa-based criminal defence firm defending clients charged with the most serious offences under the Criminal Code — including murder, manslaughter and criminal negligence causing death.
We take an aggressive, evidence-driven approach: reviewing Crown disclosure, assessing the strength of the evidence, and pursuing every viable defence — from challenging causation and mens rea to filing Charter motions or negotiating with the Crown for withdrawal or reduction of charges.
Our legal team serves clients facing criminal negligence charges throughout Ottawa, Eastern Ontario, Brockville and many more. We offer a free initial consultation and conduct proceedings in English, French, Farsi and Italian.
Do not wait to seek legal representation if you have been charged with criminal negligence causing death. The earlier you involve an experienced criminal defence lawyer, the stronger your defence will be — from bail hearings through trial and sentencing.
Criminal negligence is defined in Section 219 of the Criminal Code. A person is criminally negligent when they do something, or fail to do something that is their legal duty, in a way that shows wanton or reckless disregard for the lives or safety of other persons. This requires a marked and substantial departure from what a reasonable person would do — a much higher threshold than civil negligence.
Under Section 220 of the Criminal Code, criminal negligence causing death is a straight indictable offence punishable by a maximum of life imprisonment. Where a firearm was used, there is a mandatory minimum sentence of four years. A conviction results in a permanent criminal record with no eligibility for a conditional sentence or discharge.
In Canadian law, “negligent homicide” is not a formal charge — the correct legal term is criminal negligence causing death under Section 220 of the Criminal Code. This offence falls under culpable homicide alongside murder and manslaughter. Criminal negligence causing death does not require intent to kill; it requires proof that the accused’s conduct showed wanton or reckless disregard for human life.
An experienced criminal defence lawyer will review all evidence, challenge the Crown’s proof of causation and mens rea, identify Charter rights violations and negotiate with the prosecution where appropriate. A strong defence can result in charges being withdrawn, reduced to a lesser offence or dismissed through acquittal.
Yes. A conviction for criminal negligence causing death results in a permanent criminal record that can disqualify you from certain professions, jeopardize immigration applications and prevent international travel. Because this is an indictable offence, a conviction cannot be pardoned for at least ten years — making early and aggressive defence critical.
The Crown may agree to reduce a charge of criminal negligence causing death to manslaughter or another lesser offence as part of plea negotiations. Whether this is possible depends on the strength of the evidence and the approach of your criminal defence lawyer. At Frouhar Law, we explore every avenue to achieve the best possible outcome for our clients.
If you are facing criminal negligence causing death charges in Ottawa or Eastern Ontario, contact Frouhar Law for a free, confidential consultation. Call 613.238.2000 or visit our office at 190 O’Connor Street, Suite 700, Ottawa, ON K2P 2R3.
