The Test

  • The test for criminal negligence requires the Crown to show that an accused’s conduct or omission constituted a “marked and substantial departure” from the conduct of a reasonably prudent person in the circumstances.

  • The “marked and substantial departure” standard applies to both the physical and mental elements of the offence. The TJ should consider all of the circumstances surrounding the activity: R v Laine, 2015 ONCA 519