Vehicular Manslaughter

There are about eight million registered passenger vehicles in Canada. In 2019, 1,762 people were killed in traffic accidents, according to Transport Canada (Canadian Motor Vehicle Traffic Collision Statistics: 2019). MADD Canada reports (The Rate of Impaired Driving in Canada) that collisions involving alcohol and/or drugs are a leading criminal cause of death in this country with up to four Canadians dying each day.

Canada does not usually use "vehicular manslaughter" as a separate Criminal Code charge. A death caused by driving may be prosecuted under different Criminal Code sections, depending on what the Crown says happened.

If a person intentionally uses a vehicle to kill someone, the charge may be murder. If the Crown does not allege an intent to kill, other death-causing driving offences may apply. The exact charge depends on the driving, the evidence, and the connection between the driving and the death.

The Code contains several provisions that can apply to driving offences causing death, including:

• criminal negligence causing death, s.220;
• dangerous operation causing death, s.320.13(3);
• impaired driving causing death, s.320.14(3); and
• failure to stop causing death, s.320.16(3).

The Criminal Code includes several sections that can be used when driving causes death. Provinces and territories may also impose traffic penalties, including licence suspensions.

Criminal Negligence Causing Death

A person can be convicted of criminal negligence causing death under s.220 if their conduct showed wanton or reckless disregard for the lives or safety of other people and caused a death. Bad driving alone is not always criminal negligence. The conduct must meet the Criminal Code test. Criminal negligence causing death is an indictable offence with a maximum sentence of life in prison.

Dangerous Operation Causing Death

Section 320.13(3) creates the offence of dangerous operation causing death. The punishment is set by s. 320.21: the offence is indictable and carries a maximum of life imprisonment, together with the applicable first-, second-, or subsequent-offence minimum set out in that section.

Impaired Driving Causing Death

Section 320.14(3) creates the offence of impaired operation causing death. The punishment is set by s. 320.21: the offence is indictable and carries a maximum of life imprisonment, together with the applicable first-, second-, or subsequent-offence minimum set out in that section.

Failure to Stop Causing Death

Drivers are legally required to remain at the scene of an accident. Under s. 320.16(3), a person commits failure to stop causing death if they commit the failure-to-stop offence and, at the time, know or are reckless as to whether the accident resulted in another person’s death or in bodily harm from which that person later dies. The punishment is set by s. 320.21: the offence is indictable and carries a maximum of life imprisonment, together with the applicable first-, second-, or subsequent-offence minimum set out in that section.

Street Racing Causing Death

A death caused while street racing is usually prosecuted as dangerous operation causing death under s.320.13(3) or impaired driving causing death under s.320.14(3), depending on the facts. Both carry a maximum of life imprisonment.

What the Crown must prove depends on which charge you are facing, because this area of the law covers several distinct offences.

For criminal negligence causing death (s.220), the Crown must prove that your conduct showed a wanton or reckless disregard for the lives or safety of other people, and that this caused the death. Courts describe this as a marked and substantial departure from how a reasonable person would act.

For dangerous operation causing death (s.320.13(3)), the Crown must prove that the way you operated the vehicle was objectively dangerous, meaning a marked departure from what a reasonable person would have done in the same circumstances. Importantly, the Crown does not have to prove that you personally recognised the risk and ignored it. The test looks at how any reasonable person would have assessed the situation, not only what was in your mind at the time.

For impaired operation causing death (s.320.14(3)), the Crown must prove that you were operating the vehicle while your ability was impaired by alcohol or a drug (or while your blood alcohol or drug concentration exceeded the legal limit), and that your driving caused the death.

For failure to stop causing death (s.320.16(3)), the Crown must prove that you were involved in an accident, that you knew or were reckless about whether the accident involved another person or vehicle, that you failed without a reasonable excuse to stop, give your name and address, and offer assistance, and that you knew or were reckless about whether the accident had caused someone's death or fatal injuries.

In every case the Crown must prove its case beyond a reasonable doubtThe standard that must be exceeded to find someone guilty.

Depending on the charge, you may be able to argue that external factors such as weather conditions or a sudden mechanical failure contributed to what happened. Your lawyer may also be able to show that your rights under the Canadian Charter of Rights and Freedoms were breached during the police investigation.

If you are charged with a driving offence that caused a death, the charge is an indictable offenceA more serious type of Canadian criminal offence.. There is no lesser summary-conviction version for any of the death-causing offences described on this page. Your case will be heard in a higher court (Superior Court or equivalent), and you have the right to elect trial by judge alone or by judge and jury.

Vehicular manslaughter is not a distinct Criminal Code offence name. In Canada, a death involving a vehicle may be charged under offences such as manslaughter, criminal negligence causing death, dangerous operation causing death, impaired operation causing death, or failure to stop after an accident causing death, depending on the facts.