Criminal negligence charges can arise from serious incidents involving driving, workplace accidents, and injury or death to children under one’s care. The charges arise where a person’s actions or omissions are alleged to have put the lives or safety of others at risk. These cases may involve allegations of criminal negligence causing bodily harm or death (Sections 221 and 220 of the Criminal Code, respectively) and can carry significant legal consequences.
Reviewed by Stephen Hebscher, Criminal Defence Lawyer | Last reviewed: September 2026
What Is Criminal Negligence?
The criminal code defines criminal negligence as one showing “wanton and reckless disregard for the lives or safety of other persons”. In the context of driving offences, most of the time the accused will be charged with dangerous driving causing bodily harm or death. With respect to criminal negligence, the driving is more reckless (taking a deliberate risk) than the driving required to found a conviction for dangerous driving, which only requires proof of driving that is “a marked departure from the norm”. Having said that, one cannot be convicted of dangerous driving or criminal negligence just because he or she is in violation of a provincial driving offence such as speeding, unsafe lane change, or careless driving. The driving has to essentially be so reckless as to put people’s lives in danger.
What Is the Sentence for Criminal Negligence?
Criminal negligence causing death (s.220) carries a maximum sentence of life imprisonment, with a four-year mandatory minimum where a firearm is used. Criminal negligence causing bodily harm (s.221) carries up to 10 years’ imprisonment when the Crown proceeds by indictment. Within those ceilings, outcomes vary enormously, from conditional sentences served in the community to lengthy penitentiary terms. Our results below include a community-served conditional sentence even in a case involving a fatality.
Can a Criminal Negligence or Dangerous Driving Charge Be Reduced to a Traffic Offence?
At The Criminal Law Team, we were recently successful in reducing a charge of dangerous driving causing death to a charge of careless driving causing death under the Highway Traffic Act. In that case, we were able to demonstrate that our client’s actions were a result of monetary inattention of a pedestrian at a crosswalk; as opposed to driving that was more deliberate in the sense that the driver assumed the risk of excessive speeding, lane changing, etc. The law of Dangerous Driving generally recognizes fault for deliberate risk-taking behaviour or driving that is more than merely momentary inattention; however, police many times will “overcharge” an accused when there is a fatality. The job of the defence lawyer is to successfully “educate” the crown attorney that their case for a conviction for dangerous driving is weak and, therefore, to accept a plea to a traffic offence.
Your Best Defence
he Criminal Law Team has over 60+ years of experience in defending criminal cases. We have the expertise, and the experts, to properly act as your criminal negligence lawyers, whether in the context of a motor vehicle, or at the workplace, or elsewhere. Give us a call for your free confidential consultation. See what our other clients are saying about us. We can help you too!
Recent Criminal Negligence Results
Frequently Ask Questions
No. Carelessness, even carelessness that causes an accident, is not a crime. Criminal negligence requires a marked and substantial departure from reasonable conduct showing wanton or reckless disregard for the lives or safety of others.
There is no minimum unless a firearm was used, in which case a four-year mandatory minimum applies. The maximum is life imprisonment.
Frequently, yes, by showing the conduct did not meet the high “marked and substantial departure” standard, by expert evidence providing an innocent explanation, or by negotiating a resolution to a lesser charge such as dangerous driving or careless driving.