QUICK TAKEAWAY
Vehicular Manslaughter: While most U.S. states have laws for vehicular homicide or vehicular manslaughter, there is no single charge in the Criminal Code dealing with a death as a result of a driving incident. Instead, the offence is covered in driving provisions of the Code including dangerous driving causing death, criminal negligence causing death, hit and run and impaired driving. Depending on which charge is used to prosecute, you could be jailed for life. To be convicted you would have to commit a traffic violation that led to the death. While offences covering vehicular deaths are established federally, enforcement, apprehension, prosecution and application of penalties fall within provincial and territorial authority and penalties may vary depending on the jurisdiction.
Table of Contents:
What is 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.
If you intentionally use a vehicle to kill someone you could be charged with murder. However, intent to kill is not necessary to win a conviction in vehicular manslaughter incidents. A death that occurs as a result of a violation of motor vehicle traffic regulations would be considered involuntary manslaughter. If you were involved in an accident that led to a death while obeying traffic laws, you would not face charges. It comes down to your behaviour at the time of the incident.
The Code contains a series of provisions covering driving offences causing death including:
- criminal negligence causing death, s.220
- dangerous operation causing death s.320.13 (1)
- impaired driving causing death, s.320.14 (3)
- hit and run driving causing death s.252 (1.3)
- street racing causing death s.249.2
Charges Used to Prosecute Vehicular Homicide
The Criminal Code includes several sections that can be used to prosecute. As well, provinces and territories have their own penalties for traffic violation that include licence suspensions.
Criminal Negligence Causing Death
Anyone showing "wanton and reckless disregard for the lives or safety of other persons" can be convicted of criminal negligence causing death under s.220 of the Code. Your driving must be so reckless that it puts other people's lives in danger. Merely violating traffic laws such as speeding or making unsafe lane changes would not necessarily result in charges. Criminal negligence causing death is an indictable offence and comes with a maximum sentence of life in prison.
Dangerous Operation Causing Death
Section 320.13 states that anyone who operates "a conveyanceA motor vehicle, a vessel, an aircraft or railway equipment in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes the death of another person" faces a maximum penalty of up to 14 years in prison.
Impaired Driving Causing Death
Section 320.14 (1) of the Code states it is illegal to operate a vehicle if you are impaired by alcohol or a drug or by a combination of both. If you have a blood alcohol concentration of .08 percent, you are considered to be impaired. The RCMP (Impaired driving investigations) warns that you can be charged with impaired driving if you are operating an automobile, snowmobile, all-terrain vehicle, a boat or even aircraft and railway equipment. Police no longer require a reasonable suspicion to demand a breath sample from a driver under federal laws introduced to coincide with the legalization of cannabis. The charge of impaired driving causing death, s.320.14 (3), is an indictable offence, with a maximum sentence of life in prison.
Hit and Run Causing Death
Drivers are legally bound to remain at the scene of an accident. Under s.252 (1.3) of the Code, if you flee the scene and know that another person has died or could die, you face conviction of an indictable offence and would be liable to imprisonment for life.
Street Racing Causing Death
The Criminal Code was amended to create an offence of street racing (An Act to amend the Criminal Code (street racing)) based on dangerous driving and criminal negligence offences. Street racing "means operating a motor vehicle in a race with at least one other motor vehicle on a street, road, highway or other public place." Under s.249.2, anyone who by criminal negligence causes death to another person while street racing is guilty of an indictable offence and liable to imprisonment for life.
What is Needed to Convict
The Crown prosecutorLawyers who prosecutes charges on behalf of the Crown must prove beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that you showed reckless disregard for the safety of others to win a conviction. The Crown will examine traffic conditions and how you drove, looking for traffic violations that contributed to the accident that caused the death, such as speeding. The prosecutor must prove that you were aware of the risk and ignored it.
You may be able to argue external factors such as weather or mechanical failure contributed to the accident. You may be able to justify your actions under the circumstances. As well, your lawyer may be able to show that your rights under the Canadian Charter of Rights and Freedoms were breached during a police investigation.
Treated as an Indictable Offence
If you are facing trial for a motor vehicle accident that resulted in a death, the Crown will proceed with the charge as an indictable offenceIndictable offences are more-serious criminal offences and you face imprisonment if convicted.
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Michael S. Menkes Barrister and Solicitor
Robert L Dick
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Glossary of Legal Terms
Conveyance
A motor vehicle, a vessel, an aircraft or railway equipment that transports people or material.
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Reasonable doubt
The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."
