section 219(2)

INTRODUCTION AND BRIEF DESCRIPTION

The term duty in this section refers to duties imposed by law.

SECTION WORDING

219(2) For the purposes of this section, "duty" means a duty imposed by law.

EXPLANATION

Section 219(2) of the Criminal Code of Canada is an important provision that defines the term duty" for the purposes of section 219 of the Code. Section 219 deals with criminal negligence causing death or bodily harm, and imposes criminal liability on individuals who breach their legal duty of care and cause harm as a result. What this provision does is clarify that a duty in this context refers specifically to a duty imposed by law. This could include a duty arising from legislation, common law, or even a contractual duty. The purpose of this definition is to ensure that the scope of criminal liability under section 219 is restricted to duties that have a clear legal basis, rather than being based solely on moral or ethical obligations. To understand how this provision operates in practice, it is helpful to consider a hypothetical scenario. For example, imagine a factory owner who fails to properly maintain the factory's machinery, despite being aware that doing so poses a risk of harm to the workers. One day, a tragic accident occurs and a worker is killed as a result. In this situation, the factory owner could potentially be charged with criminal negligence causing death under section 219, because they had a legal duty to provide a safe workplace and failed to do so. However, if an individual did not have a clear legal duty in relation to the harm caused, they would not be subject to criminal liability under section 219. For instance, if someone witnessed a person drowning in a nearby river, but did not have a legal duty to rescue them (i.e., they were not a lifeguard or emergency responder), they could not be charged with criminal negligence causing death under section 219. Overall, section 219(2) plays an important role in ensuring that the criminal law is applied in a fair and consistent manner, by limiting criminal liability to situations where individuals have breached a clear legal duty of care.

COMMENTARY

Section 219(2) of the Canadian Criminal Code is a provision that defines the term "duty" for the purposes of section 219 of the Code. This section of the Criminal Code deals with the criminal offense of "criminal negligence causing death or bodily harm." Specifically, it imposes criminal liability on individuals who, by their negligence, cause the death or bodily harm of another person. The provision provides that for the purpose of this law, "duty" refers to a duty imposed by law. This definition is crucial to understanding the scope of the offense of criminal negligence causing death or bodily harm. When one person has a duty to another person imposed by law, whether by statute, common law, or contract, they are legally obligated to exercise reasonable care in fulfilling that duty. If they fail to do so, they may be guilty of criminal negligence causing death or bodily harm, if their negligence results in the death or bodily harm of another person. In other words, section 219(2) of the Criminal Code clarifies that the duty that must be breached for a person to be found guilty of criminal negligence causing death or bodily harm must be one that is imposed by law. Therefore, it is not enough to simply fail to exercise reasonable care; that failure must also constitute a breach of a legal duty. For example, if a doctor fails to exercise reasonable care in their treatment of a patient, they may be liable for medical malpractice. However, their negligence may not rise to the level of criminal negligence causing death or bodily harm unless they breached a legal duty to their patient. This might include a duty imposed by statute, such as the duty to report certain communicable diseases, or a duty imposed by the common law, such as the duty to obtain informed consent from a patient before providing treatment. The importance of section 219(2) becomes clear when we consider the various professions and occupations that are subject to specific legal duties. For example, pilots have a duty to exercise reasonable care in the operation of their aircraft, and truck drivers have a duty to obey the rules of the road when driving. If these individuals breach their legal duty and their negligence causes death or bodily harm, they may be guilty of criminal negligence. The provision in section 219(2) also underscores the importance of the legal system's role in defining and enforcing legal duties. By clearly defining the scope of the offense of criminal negligence causing death or bodily harm, the law helps to ensure that individuals are held accountable when their negligence causes harm to others. It also serves as a reminder of the serious consequences that can arise when individuals fail to meet their legal obligations. Overall, section 219(2) of the Criminal Code provides a crucial definition that helps to clarify the scope of the offense of criminal negligence causing death or bodily harm. By defining "duty" as a legal obligation, the provision ensures that individuals can only be found guilty of this offense when they have breached a specific legal obligation. This clarity helps to promote accountability and reinforce the importance of legal duties in our society.

STRATEGY

Section 219(2) of the Criminal Code of Canada has important implications for individuals and organizations who have a duty imposed by law, such as companies that operate in hazardous industries like mining or oil and gas, or individuals in certain professions such as doctors or lawyers. There are a number of strategic considerations that must be taken into account when dealing with this section of the Criminal Code. One key consideration is the potential for criminal liability and related penalties if a duty is breached. An individual may be liable under section 219(2) if they fail to comply with a specific duty imposed by law and that failure leads to bodily harm or death. In order to avoid these penalties, it is important to ensure that individuals and organizations are aware of their duties and take appropriate steps to comply with them. Another consideration is the importance of identifying and assessing potential risks associated with a particular duty. This can involve a thorough analysis of the specific laws and regulations that impose the duty, as well as an assessment of the potential consequences of a breach. It may also involve identifying potential gaps or weaknesses in existing policies and procedures, and taking steps to address them. Developing a comprehensive compliance program that includes policies, procedures, and training programs is a critical strategy for addressing the requirements of section 219(2). This program should be tailored to the specific needs of the organization and should be regularly reviewed and updated to ensure ongoing compliance with all relevant duties and regulations. In addition, it may be beneficial to seek legal advice and guidance from experienced counsel who can provide advice on key legal issues and help develop effective strategies for managing compliance with section 219(2) and other relevant laws and regulations. Finally, it is important to maintain a culture of safety and compliance throughout the organization, from senior leaders to front-line employees. This can involve regular training and communication efforts to ensure that all individuals are aware of their duties and obligations, as well as ongoing monitoring and review to ensure that compliance is maintained over time. In conclusion, section 219(2) of the Criminal Code of Canada imposes important requirements on individuals and organizations with specific duties imposed by law. By taking a strategic approach to compliance, including identifying and assessing risks, developing a comprehensive compliance program, seeking legal advice, and maintaining a culture of safety and compliance, organizations can effectively manage compliance with this and other relevant laws and regulations.