Legal Project Management Plan & Checklist
Defending a criminal negligence manslaughter charge under sections 219 and 220 of the Canadian Criminal Code.
What constitutes criminal negligence manslaughter?: Criminal negligence manslaughter requires the Crown to prove the accused undertook an act, or omitted to perform a legal duty, in a manner that showed a wanton or reckless disregard for the lives or safety of others.
What is the legal standard for negligence?: The conduct must represent a "marked and substantial departure" from the standard of care expected of a reasonable person. This is a much higher threshold than civil negligence or standard penal negligence.
Jurisdiction is the Superior Court of Justice or equivalent provincial superior courts.
The defence focuses on establishing that the accused's actions, while perhaps careless, did not rise to the extreme level of a marked and substantial departure. Alternatively, if the charge is based on an omission, the defence will challenge whether a strict legal duty existed under the Criminal Code.
Governed by sections 219 and 220 of the Criminal Code. Important case law defining the "marked and substantial departure" standard includes R. v. J.F. 2008 SCC 60 and R. v. Tutton [1989] 1 SCR 1392.
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