What does vehicular manslaughter mean in Canada? It is a question that may be on your mind if you are ever involved in a car accident that results in someone’s death.
This article will break down the definition of vehicular manslaughter in Canada and what penalties you could face if convicted. Keep reading to learn more!
Table of Contents
What Is Vehicular Manslaughter?
In Canada, vehicular manslaughter is defined as causing the death of another person through criminal negligence while driving a vehicle. Criminal negligence means that you showed a wanton or reckless disregard for the lives of others while operating a vehicle.
This could be speeding, driving under the influence of drugs or alcohol, street racing, or other risky behaviour. If your actions cause someone’s death, it can charge you with vehicular manslaughter.
Also, if you are involved in an accident and flee the scene, this is considered a hit and run. If someone dies because of the hit and run, it will also charge you with vehicular manslaughter.
What Are the Penalties for Vehicular Manslaughter?
The penalties for vehicular manslaughter in Canada vary depending on the severity of the crime.
You will likely face a prison sentence if convicted of vehicular manslaughter in Canada. The punishment for a crime will depend on how bad the offence was and if anything made it worse.
For example, if you were driving under the influence of drugs or alcohol at the time of the accident, you will probably receive a harsher sentence than simply speeding.
Minimum Penalties
If you are convicted of vehicular manslaughter, go to prison for two years. The Crown prosecutor must prove that you were driving recklessly to be convicted. The fines can range from $2000-$50,000.
Maximum Penalties
The maximum penalty for vehicular manslaughter in Canada is 10 years in prison. It is reserved for the most severe cases. Even non-parole periods must be served during this time. If the convicted were involuntary manslaughter, it will probably only sentence you to a minimum of two years.
What Are the Legal Defences If You Are Charged with Vehicular Manslaughter?
There are a few legal defences that you can use if you are charged with vehicular manslaughter in Canada.
- The first defence shows evidence that you were not the one driving the vehicle at the time of the accident. If there is video footage or eyewitness testimony that can back up your claim, this could help your case.
- Another defence is proving that you were not acting negligently at the accident. For example, if you can prove that you were not speeding or under the influence of drugs or alcohol, this could help your case.
- Another defence is your actions did not cause the death. For example, if the victim died of a heart attack after the accident, it would not be considered vehicular manslaughter.
- The last defence is to explain your behaviour. You might have a good explanation for your actions, even if they seem negligent.
What’s the compensation You get after Losing someone?
In Canada, the survivors of a person killed in a car accident may be eligible for certain types of compensation. This includes things like funeral expenses and loss of future earnings.
The amount of compensation you receive will depend on the specific circumstances of your case. If you are convicted of vehicular manslaughter, you will probably have to pay restitution to the victim’s family.
The victim’s family may also sue you in a civil lawsuit. It is separate from any criminal charges you may face.
How Can a Lawyer Help in Such a Case If I got Convicted?
If you are ever charged with vehicular manslaughter in Canada, it is crucial to have a lawyer on your side. They will look at the evidence and determine which defences will work best in your case.
A lawyer can also negotiate with the Crown prosecutor on your behalf to get a lighter sentence. If you face a lengthy prison sentence, a lawyer may get you a reduced sentence or even drop the charges altogether.
It is always best to have a lawyer by your side if you face such serious charges.
Conclusion
Vehicular manslaughter is a serious crime in Canada. The penalties can be severe, and you will probably face a prison sentence if you are convicted.
There are a few legal defences that you can use, but it is always best to have a lawyer on your side. If it ever charged you with vehicular manslaughter, contact a lawyer immediately.
