Criminal Negligence Causing Bodily Harm Lawyer

Criminal negligence causing bodily harm is an offence in Canadian law that addresses the serious consequences arising from an individual’s or a corporation’s failure to comply with expected standards of care, resulting in physical harm to others.

What is Criminal Negligence Causing Bodily Harm?

Criminal negligence causing bodily harm is a significant offence under Canadian law, addressed specifically in Section 219 and Section 221 of the Criminal Code. This offence demonstrates the legal obligation of both individuals and corporations to act responsibly to ensure public safety. This law is a protective measure to penalize and publicly denounce careless behaviour that is likely to lead to physical harm.

Section 221 of the Criminal Code is invoked when a person’s actions show a gross deviation from the expected behaviour of a reasonable person, in a way that results in bodily harm to another. Section 219 further clarifies criminal negligence as behaviour that markedly diverges from the care a reasonable person would exercise under similar circumstances, characterized by a wanton or reckless disregard for the lives or safety of others. This legislation also applies to corporate entities, holding businesses accountable for maintaining safe environments. If a company fails to ensure safety and an employee is injured as a result, the company may face charges under this law.

Civil Negligence vs. Criminal Negligence

In Canadian law, civil and criminal negligence are different in both process and outcome. Criminal negligence, overseen by police and the Crown, does not require any action from the victim; it addresses severe deviations from reasonable behaviour and could result in a prison sentence. Conversely, civil negligence cases are brought forth by the victim or their family to claim monetary damages. These cases are based on the “balance of probabilities,” where the plaintiff must demonstrate that it is more likely than not that the defendant was negligent. So, while criminal negligence aims to punish, civil negligence focuses more on providing monetary restitution to the victim. This structure ensures accountability and reparation.

How does the Crown Prove Criminal Negligence Causing Bodily Harm?

Under Canadian law, the Crown bears the burden (or onus) of proving criminal negligence causing bodily harm beyond a reasonable doubt. This is the highest standard of proof in the justice system, echoing the serious implications of a criminal conviction. To meet this burden, the Crown must sufficiently demonstrate each element of the offence as set out in Section 219 of the Criminal Code.

There are several elements that the Crown has to prove:

Duty of Care: The Crown needs to establish that the accused owed a duty of care to the complainant. This is typically applicable in situations where the person’s actions could foreseeably harm others, i.e., when driving a vehicle or operating heavy-duty machinery.

Breach of Standard of Care: The prosecution needs to show that the accused’s actions departed significantly from what a reasonable person would have done under similar circumstances. This involves proving that the accused acted with wanton or reckless disregard for others’ safety.

Causation: It must be demonstrated that the accused’s actions were the direct cause of the victim’s bodily harm. This means that “but for” the accused’s negligent behaviour, the injury would not have been sustained.

Nature of the Harm: The Crown must establish beyond a reasonable doubt that the bodily harm endured by the victim was severe enough to detriment their health or comfort and was more than simply “transient or trifling.” In other words, the damage done needs to go beyond petty harm.

Example

Consider a scenario where a construction site manager fails to enforce required safety gear usage among workers. If a worker suffers a severe injury because of this failure, such as a head injury from falling debris, the Crown could also hold the construction site manager liable for not enforcing safety protocol, as a rational manager would have done.

Will I go to Jail for Criminal Negligence Causing Bodily Harm?

There are a number of considerations to determine if jail time will be a part of one’s sentence.

Legal Definition and Penalties: Criminal negligence causing bodily harm is defined as acting with wanton or reckless disregard for the safety of others, leading to bodily harm. Under Section 221 of the Criminal Code, the offence can be treated as an indictable offence with a potential sentence of up to ten years in prison. Alternatively, it can be handled as an offence punishable on summary conviction, carries a maximum penalty of two years less a day imprisonment and/or up to a $5,000 fine. 

Sentencing Principles: Sentencing for criminal negligence causing bodily harm considers the circumstances of the offender and the offence. Canadian courts follow principles such as proportionality, rehabilitation, deterrence, and reparation. The sentence should reflect the seriousness of the offence and the level of culpability of the offender.

Aggravating and Mitigating Factors: Factors that might exacerbate the severity of the sentence, known as aggravating factors, are a previous criminal record, the level of harm sustained, and whether the negligence was especially egregious. On the other hand, mitigating factors might be the absence of a criminal record, demonstrating remorse, and circumstances that reduce the offender’s culpability—another word for moral blameworthiness, including mental illness.

Parity in Sentencing: The sentence should be reasonably comparable to penalties imposed in similar cases. This upholds consistency and fairness in the legal system.

Maximum Penalty is Seldom Applied: Courts do not usually impose the maximum penalty for criminal negligence causing bodily harm, unless the circumstances are particularly egregious. For instance, cases that deal with numerous victims or extreme negligence might demand harsher penalties.

How to Fight a Criminal Negligence Causing Bodily Harm Charge

There are several ways to defend a criminal negligence causing bodily harm charge in Canada. Here are some relevant considerations:

• The Crown has to prove guilt beyond a reasonable doubt. This standard of proof tells us that it is better for the justice system to let a guilty person go free than to convict an innocent person of a crime.
• Withdrawal of charges can occur if there is not enough proof.
• Challenging the Validity of Evidence – the defence can put the reliability and admissibility of the evidence in question.
• Presenting exculpatory evidence – the accused can bring forth evidence that shows that they are not guilty beyond a reasonable doubt of the crime charged.
• Using legal defences – the accused can present certain defences like necessity, duress, or mistake of fact. These defences involve the defence showing that their actions were reasonable given the circumstances at the time, or that they reasonably held an incorrect belief that led them to do, or fail to do, a specific action.