There is further a common law duty "to take reasonable steps to protect his or her child from illegal violence used by the other parent or by a third person towards the child which the parent foresees or ought to foresee".[1]. R.S., 1985, c. C-46, s. 662; Every one who undertakes to do an act is under a legal duty to do it if an omission to do the act is or may be dangerous to life. As with other negligence-based criminal offences, the fault element of criminal negligence causing death was assessed by measuring the degree to which the accused’s conduct departed from that of a reasonable person in the circumstances. It is a lesser offence to manslaughter, of which she was originally charged. When charged under s. 221 [criminal negligence causing bodily harm] , the accused can be given an appearance notice without arrest under s. 497 or a summons. Causing death by criminal negligence 220 Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and A convicted gun smuggler is accused of 10 offences, including criminal negligence causing death. (5) For greater certainty, when a count charges an offence under section 220 [criminal negligence causing death], 221 [criminal negligence causing bodily harm] or 236 [manslaughter] arising out of the operation of a conveyance, and the evidence does not prove that offence but proves an offence under section 320.13, the accused may be convicted of an offence under that section. Whether causing death by negligence is a criminal act or not? For conviction under s. 220(a), (b), or 221, a DNA order is, Periods of imprisonment of 2 years or more for convictions under s. 220 or 221 are eligible for. Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable. (2) For the purposes of this section, “duty” means a duty imposed by law. If convicted under s. 220(b) a discharge is not available under s. 730(1) as it is "an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for fourteen years or for life". Previous Versions, Marginal note:Causing death by criminal negligence, 220 Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable, (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and. Offences under s. 220(b) are ineligible for a conditional sentence order under s. 742.1(c), when prosecuted by indictment, as the maximum period of incarceration is 14 years or life. Although criminal negligence is a broadly-defined offence, in practice, most charges of criminal negligence related to the accused's operation of a motor vehicle. 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