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Criminal Negligence

Reckless disregard for the lives or safety of other persons.

From Canada's Criminal Code, ¶219:

"Every one is criminally negligent who in doing anything, or 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."

The Canadian Judicial Council's standard set of jury instructions includes this extract on topic:

"The Crown must prove beyond a reasonable doubt that the acused's conduct showed a marked departure from the conduct of a reasonable person in the circumstances; and that a reasonable person in the same circumstances would have foreseen that this conduct posed a risk of bodily harm.

"Bodily harm" is any hurt or injury that interferes with a person's health or comfort and is more than brief or minor. In deciding what a reasonable person would have done or foreseen, you must not take into account (the accused's) individual characteristics or experiences."

In the field of tort law, conduct tantamount to criminal negligence may give rise to an action alleging gross negligence.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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