In the context of driving offences, the driving is more reckless than the driving required to find a conviction for dangerous driving. SECTION WORDING. The … 279.01) 4. abduction of a young person (ss. Canada. The following cases illustrate the factual scenarios that have been held by Canadian courts to satisfy the requirement that an organization or individual who undertakes or has authority to direct the work of others exhibited a “marked and substantial departure” from what a reasonably prudent person would have done in the same circumstances. Criminal negligence. The walls of the excavation were not shored properly as required by the Quebec Safety Code because excavated earth was placed too close to the excavation site. ... respectively. The Criminal Code of Canada States: 221 Causing bodily harm by criminal negligence 221 Every one who by criminal negligence causes bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years. On the day of her death, the employee had been performing a simple hauling task prior to being instructed to cease work for the day. The offence of causing bodily harm by criminal negligence is … A Quebec man whose pit bull-type dog mauled a young girl in 2015, leaving her disfigured with several injuries, has been found guilty of criminal negligence causing bodily harm. Braydon Wolfe is also guilty of criminal negligence causing bodily harm, Court of Queen's Bench Justice Richard Danyliuk ruled earlier this week. In R v Metron Construction CorporationFootnote 2, a swing stage carrying a construction site supervisor and five workers collapsed, falling 14 floors to the ground. Protection of Persons Administering and Enforcing the Law, Treason and other Offences against the Queen’s Authority and Person, Participating, Facilitating, Instructing and Harbouring. The excavated walls collapsed and the worker was crushed by a slab of concrete that fell into the excavated hole. A lower court decision in Ontario (R v Sztejnmiler, 2013 OJ No 5268) does not articulate this second element. The air brakes eventually lost pressure and the rock hauler began to roll down the slope. The site supervisor and three workers died. The Criminal Code has a series of offences covering criminal negligence when bodily harm or death is caused. The offence of criminal negligence causing death in the occupational health and safety context requires proof beyond a reasonable doubt of the following elements: Penalty: A maximum penalty of life imprisonment for an individual, in the case of an organization, a fine in the discretion of the court. The worker died of his injuries. In R v FournierFootnote 7, the employer was working with an employee at a construction project, replacing underground sewer and water mainlines. The criminal code defines the accused as showing “wanton and reckless disregard for the lives or safety of other persons”. Therefore, it is possible to request an absolute or conditional discharge if convicted. Section 22.1 provides the rules that govern how an organization can be held criminally responsible as a party to an offence where the offence charged is one that requires proof of negligence (e.g., criminal negligence causing death (section 220) or bodily harm (section 221)). The court based its finding that Mr. Scrocca exhibited a “marked and substantial departure” from what a reasonably prudent person would have done in the same circumstances on the following facts: In R v Stave Lake Quarries Inc.Footnote 4, a worker was killed when a rock hauler she had been operating rolled over and crushed her to death. 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