What is the test for criminal negligence in a motor vehicle accident?
Alberta, Canada
The following excerpt is from R. v. Syncrude Canada Ltd., 1983 CanLII 1108 (AB QB):
To repeat, and paraphrasing a portion of the decision of the Quebec court in Deer v. Dom. Bridge, supra: In order for there to be criminal negligence, it is necessary for there to be on the part of the accused careless or reckless disregard for the life or safety of another which reaches such a degree that such disregard constitutes a crime. There must be such a disregard for the life and safety of others as to amount to a crime against the state and conduct deserving punishment.
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