A tragic incident happened in 2016 when a van carrying a mother and her 3-year-old toddler went into the Grand River in Ontario, Canada. The kid was swept away in the river current, and his body was found after 2 long months by a fisherman. Months later, everyone was shocked when the mother was charged with Dangerous Driving and Criminal Negligence. Her toxicology screening results came positive for Percocet, OxyCotin, Cocaine, and Alcohol.
The case is not closed yet, but that incident draws attention to Vehicular Manslaughter. This offense is taken very seriously in Canada and has drastic penalties. Here comes the question: What is vehicular manslaughter in Canada? In this article, we will dive into this topic and learn about the laws and penalties regarding this offense in Canada.
What is Vehicular Manslaughter Canada?
As the issue gets more serious daily, Canadian law is also getting more strict. If you use a vehicle to kill someone with the intention to kill, you will be charged with murder. If a death occurred, and the cause of the death is a violation of motor vehicle rules, and there was no intention to kill, you will be charged with vehicular manslaughter. If you get into an accident and death occurs, but you are obeying all the traffic rules, you will not be charged. Canadian law focuses on the intention and situation of the driver while charging anyone for vehicular manslaughter.
Examples of Negligent Driving
Dangerous Driving covers behaviors that increase the risk of vehicular manslaughter. The drivers must understand what dangerous driving is and the penalties for their actions that can kill someone.
- Speeding over the limit: Going over the speed limit is a form of Dangerous Operation of a Motor Vehicle and Criminal Negligence.
- Hit and Run: Under section 252 (1.3) of the Code, it is a crime to flee from the scene if you know that someone may die or is already dead.
- Street Racing: Under section 249.2, if you cause death while street racing by criminal negligence, you are guilty of an indictable offense and liable to lifetime imprisonment.
- Driving Under the Influence (DUI): DUI is a very serious offense in Canada. If you get involved in driving under the influence of drugs or alcohol and kill someone on the road, you will get a penalty of lifetime imprisonment.
- Falling asleep while driving: Falling asleep behind the wheel shows a breach of duty and falls under criminal negligence.
Sometimes, your driving actions may seem minor and insignificant. But a second of distraction can lead to an accident and put your and other’s lives in danger.
What are the penalties for Vehicular Manslaughter in Canada?
The consequences of vehicular manslaughter include severe physical and financial penalties in Canada. But, the penalties depend on the crime’s situation and nature.
| Classification | Minimum Sentence | Maximum Sentence | Fine Range |
| Misdemeanor | No set minimum | – | $2,000-$50,000 |
| Felony | No set minimum | 10 years imprisonment (non-parole) | Varies on the judge’s discretion |
Compensation for Vehicular Manslaughter Victims in Canada
In cases of vehicular manslaughter in Canada, the surviving family members of the victim may receive the following compensation
- Medical expenses due to the accident
- Loss of wages and benefits for the absence of the victim
- Burial and funeral expenses
- Inconvenience benefits regarding the disruption caused by the incidence
The victim’s family should consult with an experienced lawyer in this field to claim these compensations.
Defending a Vehicular Manslaughter Case
If you are charged with a vehicular manslaughter offense, finding evidence and creating a strong defense is necessary. You have to protect your rights and ensure the best outcome possible.
| Defence Strategies | Advantages |
| Presenting evidence of innocence | It creates reasonable doubts and challenges the prosecution’s claims. |
| Demonstrating external factors | Shifts the responsibility away from the defendant and focuses on factors not controlled by the defendant. |
| Justifying behaviors in that circumstance | Validates the defendant’s actions and establishes that the behavior was appropriate. |
Factors Influencing Vehicular Manslaughter Charges
Some factors significantly influence the charge’s severity and the accused’s potential penalties. It is crucial to understand these factors to build a solid defense.
Level of Negligence
The level of negligence of the driver caused the accident is a vital factor. It shows a failure to exercise the reasonable level of care of the driver. It can determine the penalties and the charges.
Intoxication
DUI, also known as intoxication from any drug or alcohol, can greatly change the charges against the accused. In Canada, it is illegal to operate any motor vehicle under the influence of any intoxication.
Recklessness and Criminal Negligence
These factors go beyond the range of ordinary recklessness and involve consciously taking unjustifiable risks. It goes beyond any ordinary negligence. It refers to a marked departure from the standard of care that results in a high risk of bodily harm or even death.
Falling Asleep While Driving
Driving while fatigued or falling asleep at the wheel will contribute to the charges of vehicular manslaughter. It shows a serious breach of duty and can lead to a fatal accident.
Violation of Safety Protocols and Legal Rules
Violation of safety protocols and legal rules like speeding, running red lights, or driving the wrong way can highly impact the charges of vehicular manslaughter. Violating safety rules and protocols increases the level of negligence and potential damage caused.
Final Thoughts
To sum it up, vehicular manslaughter is a serious crime and has significant consequences in Canada. Canadians can prevent these tragedies by following the Canadian Law and Traffic Rules. Behind the wheel, you should always pay your full attention on the road and be responsible. Whether you are a victim or an accused of vehicular manslaughter, seek professional help from an experienced lawyer.
FAQs
Should I run away if I hit someone on the road?
No. According to Canadian Law, you must stay at the crime scene for further inquiries. If you run away, you will be charged with a hit-and-run charge and can potentially face lifetime imprisonment.
What is vehicular manslaughter in Canada?
Vehicular manslaughter refers to driving-related accidents and deaths. There is no charge specifically named vehicular manslaughter. Depending on the situation, the police charge offenses like Dangerous Driving Causing Death, Impaired Driving Causing Death, etc.
What are the penalties for Vehicular manslaughter in Canada?
The penalties depend on the severity and circumstance of the incident. It can start at a $2,000 fine to a long time imprisonment.