Criminal negligence causing bodily harm is a serious Canadian criminal offence that targets conduct showing a reckless disregard for the lives or safety of others, where someone actually suffers physical injury as a result. Classified as a hybrid offence under the Criminal Code, this charge gives the Crown the choice to proceed either by indictment or by summary conviction, affecting the potential penalties. In police and court databases it is commonly tracked under UCR Code 1470. When people talk about criminal negligence bodily harm, they are referring to situations where a person’s actions or failures to act fall far below what a reasonable person would do, and that dangerous conduct causes real bodily harm.
The Legal Definition
“Every one is criminally negligent who
(a) in doing anything, or
(b) 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.”
This wording comes from Section 219(1) of the Criminal Code, and is applied to bodily harm under Section 221, which sets the penalties when that criminal negligence causes bodily harm. The full statutory wording can be found on the Department of Justice website at Criminal Code, Section 221.
In plain English, the law says a person is criminally negligent when their behaviour is not just careless, but a wanton or reckless disregard for other people’s safety. This can involve something they do (for example, operating equipment in a wildly unsafe way), or something they fail to do (such as not performing a legal or professional duty), as long as that conduct represents a marked and substantial departure from what a reasonable person would have done in the same situation. To amount to criminal negligence bodily harm, that conduct must cause bodily harm that is more than “transient or trifling” – in other words, a real injury that interferes with the victim’s health or comfort and is not just minor or momentary.
This standard is higher than ordinary negligence in civil law. It is not enough that someone made a mistake, misjudged a risk, or was merely careless. The Crown must prove beyond a reasonable doubt that the accused’s conduct fell far below the normal standard of care and created a serious and obvious risk to human life or safety, and that this conduct caused the bodily harm in issue.
Penalties & Sentencing Framework
- Offence type: Hybrid (Crown may proceed by indictment or summary conviction).
- Mandatory minimum penalty: None.
- Maximum penalty (indictable): 10 years imprisonment.
- Maximum penalty (summary conviction): 2 years less a day imprisonment and/or up to a $5,000 fine.
Because criminal negligence causing bodily harm is a hybrid offence, the prosecutor decides whether to proceed by indictment or by summary conviction. Proceeding by indictment is reserved for more serious cases – for example, where the bodily harm is substantial, where the risk created was extreme, or where there is a significant moral blameworthiness (such as long-standing disregard for safety duties). In these cases, the maximum punishment is up to 10 years in prison.
If the Crown elects to proceed by summary conviction, the case is treated as less severe, the procedural protections are somewhat streamlined, and the sentencing ceiling is lower: up to 2 years less a day in jail and/or a fine up to $5,000no mandatory minimum sentence means judges have wide discretion. Depending on the circumstances, sentences can range from discharges or probation in relatively less serious cases, up through lengthy custodial terms where the risk and harm were high.
In sentencing, courts pay particular attention to the degree of departure from the reasonable person standard and the gravity of the bodily harm inflicted. Factors such as prior warnings about safety risks, the accused’s role (for example, whether they were in a position of authority like an employer or foreman), and any pattern of ignoring safety duties can increase the sentence. Conversely, a clean record, genuine remorse, steps taken to help the victim, and improvements to safety after the fact can sometimes reduce the penalty. Because the offence focuses on reckless disregard rather than intentional harm, sentencing is tailored to the accused’s level of blameworthiness in failing to meet their legal duties.
Common Defenses
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Lack of intent to harm (and mental element)
Although criminal negligence does not require a specific intent to injure, the Crown must still prove the mental element of wanton or reckless disregard. A common defence strategy is to argue that the accused’s conduct, while perhaps careless, did not rise to the level of a marked and substantial departure from reasonable conduct. Evidence that the accused believed they were acting safely, that they took some precautions, or that risks were not obvious can undermine the allegation of reckless disregard. If the court accepts that the accused did not (and could not reasonably) appreciate the significant risk their conduct created, the mental element for criminal negligence may not be made out. -
Causation: the accused’s actions did not cause the bodily harm
For a conviction of criminal negligence causing bodily harm, the Crown must prove beyond a reasonable doubt that the accused’s negligent act or omission caused the bodily harm. A defence may focus on showing that the injury would have occurred regardless of the accused’s conduct, or that an independent intervening event was the true cause. For example, if multiple factors contributed to the harm – defective equipment, actions of the injured person, or unforeseeable third-party conduct – the defence may argue that the accused’s behaviour was too remote or minor to meet the legal test for causation. If causation is not established, the charge cannot be sustained even if there was negligent behaviour. -
No marked departure from the standard of care
Another key defence is to challenge the idea that the accused’s conduct significantly deviated from what a reasonable person would have done. The law requires a marked and substantial departure, not just a minor lapse in judgment. The defence may present expert evidence (for example, occupational health and safety experts, industry standards, professional guidelines) to show that the accused’s conduct was within the range of accepted practice, or only slightly below it. If the court finds that the accused’s actions were close to what a reasonably careful person might do under similar circumstances – particularly under time pressure, with incomplete information, or in emergencies – the threshold for criminal negligence bodily harm will not be met. -
Reasonable mistake or due diligence
Although not a codified “due diligence” defence in the same way as strict liability regulatory offences, in practice an accused can defend themselves by showing they took all reasonable steps to prevent harm. This can include following safety protocols, obtaining training, relying on qualified professionals, or promptly responding to emerging risks. If the accused reasonably relied on information or assurances that something was safe, or if they implemented and monitored safety measures that unfortunately still failed, this can support the argument that they did not show reckless disregard for safety. The more evidence of proactive, genuine efforts to protect others, the harder it is for the Crown to prove criminal-level negligence. -
Challenging the seriousness of the injury (bodily harm element)
While this is less common in serious injury cases, the defence can sometimes argue that the injury does not meet the Criminal Code definition of “bodily harm,” which is harm that is more than transient or trifling and interferes with health or comfort. If the physical impact was very minor, short-lived, or had no meaningful effect on the person’s well-being, the bodily harm element may not be satisfied. In such cases, there may still be other possible charges (or civil liability), but not necessarily criminal negligence causing bodily harm.
Real-World Example
Imagine a construction site where a foreman is responsible for ensuring that scaffolding and fall-protection systems are properly installed and inspected. The company’s safety manual and provincial regulations require guardrails and harnesses in certain high areas. The foreman, under time pressure, decides to let workers continue without guardrails in place and does not enforce the use of harnesses, even though he is aware of the rules and previous safety warnings. A worker falls several metres and suffers broken bones and a concussion.
In this scenario, police and prosecutors may view the foreman’s conduct as a wanton or reckless disregard for worker safety. The duty to ensure a safe worksite is clear, the risk of serious injury from a fall is obvious, and the foreman chose not to follow basic safety protocols. If the evidence shows this was a marked and substantial departure from what a reasonable foreman would do, and that this omission directly caused the worker’s injuries, the foreman could be charged with criminal negligence causing bodily harm under Section 221. The courts would consider factors such as prior safety incidents, training records, the clarity of safety rules, and whether the foreman had realistic options to comply.
Record Suspensions (Pardons)
A conviction for criminal negligence causing bodily harm will appear on a person’s criminal record. However, it is generally possible to apply for a record suspension (formerly known as a pardon) after a waiting period, as long as all sentencing conditions have been fully completed and there are no new offences. Because this is a hybrid offence, the applicable waiting period depends on how the Crown proceeded in the specific case:
If the conviction was by indictment, the waiting period is typically 10 years after the completion of the entire sentence (including any jail time, probation, and payment of fines or restitution). If the conviction was by summary conviction, the usual waiting period is 5 years after sentence completion. Only once that waiting period has fully elapsed, and provided all conditions are met, can an individual apply to the Parole Board of Canada for a record suspension. The Board then assesses factors such as the applicant’s behaviour since conviction, any new offences, and the overall risk to public safety before deciding whether to grant the suspension.
Related Violations
- Criminal Negligence Causing Death
- Manslaughter
- Dangerous Operation of a Motor Vehicle