CanadaWhat is criminal negligence and how does it differ from civil negligence?
Criminal negligence in Canada is a serious offence involving wanton or reckless disregard for others' lives or safety, leading to potential life imprisonment; civil negligence is a private lawsuit for compensation and does not involve criminal penalties.
What the Law Says
Criminal negligence is defined in the Criminal Code as conduct that shows a marked departure from the standard of care expected of a reasonable person — so serious it amounts to a 'wanton or reckless disregard' for others’ lives or safety.
Unlike civil negligence — which arises in lawsuits between private parties seeking money damages — criminal negligence is prosecuted by the state and carries jail time. It is not about simple carelessness or even ordinary negligence; it requires proof of a 'marked and substantial' departure from what a reasonable person would do in the circumstances.
The law treats outcomes differently depending on harm caused: causing death triggers life imprisonment under section 220, while causing bodily harm carries up to 10 years under section 221. All three sections (219, 220, and 221) are part of the same legal framework and rely on the core definition in section 219.
Statutory TextEveryone 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.
— Criminal Code, s. 219 — Criminal negligence
Statutory TextEvery person who by criminal negligence causes death is guilty of an indictable offence and liable to imprisonment for life.
— Criminal Code, s. 220 — Causing death by criminal negligence
Statutory TextEvery person who by criminal negligence causes bodily harm is guilty of an indictable offence and liable to imprisonment up to 10 years.
— Criminal Code, s. 221 — Causing bodily harm by criminal negligence
What to Do
If charged with criminal negligence, consult a criminal defence lawyer immediately — this is a serious indictable offence.
Preserve all relevant evidence (e.g., records, witness contacts, timelines) — intent and degree of departure from reasonable conduct will be closely examined.
Do not speak to police without legal advice — statements may be used to prove ‘wanton or reckless disregard’.
In civil cases involving similar facts, separate legal counsel is needed — criminal and civil proceedings have different standards and consequences.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.