Vehicular Manslaughter Lawyer in Toronto

In Ontario, vehicular manslaughter is not a specific charge under the law. Instead, a person who causes a death with a vehicle can be charged with offences like Criminal Negligence Causing Death or Dangerous Operation of a Motor Vehicle Causing Death under the Criminal Code of Canada. These charges are laid when a driver’s reckless or negligent actions lead to a fatal accident.

Helping Our Clients Fight Vehicular Manslaughter Charges

Traffic accidents are frightening and stressful. Unfortunately, these incidents can lead to the tragic loss of life. In some situations, even the survivors of these crashes can have their lives ruined. After a vehicle collision, a driver could face charges of vehicular manslaughter, a serious offence. If you or someone you love is accused of vehicular manslaughter, you need to ensure you have a criminal defence lawyer on your side to protect your rights and interests.

While traffic deaths are rising, not every traffic fatality is the result of a crime. It’s important to understand Canadian law and how it treats traffic deaths when they occur. If you have questions or need experienced legal representation, contact our law firm for a free consultation today.

What is Vehicular Manslaughter Under The Criminal Code of Canada?

In Canada, vehicular manslaughter is usually prosecuted as “criminal negligence causing death” or “dangerous operation of a motor vehicle causing death,” as outlined in the Canadian Criminal Code. These charges are filed when a driver’s actions, due to reckless driving conduct, drug or alcohol intoxication, or gross negligence, have led to the death of another person. Criminal negligence causing death is when a driver has operated a vehicle without the standard of care expected of a reasonable driver in the same circumstances.

The charge of dangerous driving causing death is often laid when a driver is alleged to have operated a vehicle in a way that posed significant risks to others. Convictions for this offence will bring severe penalties, including prison time, driving prohibitions, and a permanent criminal record. If you are facing a charge of vehicular manslaughter, it is crucial to seek legal counsel immediately to protect your rights and interests.

What Other Offences Can Lead to Vehicular Manslaughter Charges?

It’s important to remember that a traffic-related death does not immediately lead to a vehicular manslaughter charge. To be guilty of this offence, the driver must have engaged in an underlying wrongful act. In certain cases, it is found that the other driver, cyclist, pedestrian, or motorcyclist either caused or contributed to the fatal accident.

A criminal offence that can lead to vehicular manslaughter charges being filed could include:

Impaired Driving: Operating a vehicle under the influence of alcohol or drugs, causing unsafe driving. The charge can be brought even if you took only legally prescribed medication.
Excessive Speeding: Driving at a rate significantly above the posted speed limit, especially in areas with many pedestrians and cyclists, or where high traffic density makes operating a vehicle above the speed limit more dangerous.
Reckless or Aggressive Driving: Driving conduct such as tailgating, weaving in and out of lanes of traffic, or street racing.
Distracted Driving: Texting while driving, talking on the phone, eating, or other activities that take attention off the road.
Failure to Obey Traffic Signals or Signs: Running red lights or stop signs, or failing to yield the right of way as required by the law.
Driving While Fatigued: Operating a vehicle without sufficient rest, with poor reaction time, or falling asleep while behind the wheel.
Hit-and-Run Accidents: Leaving the scene of an accident instead of rendering aid as required by law, with the victim sustaining fatal injuries.
Driving Too Fast for Weather Conditions: Operating a vehicle at an unsafe speed in adverse weather conditions like heavy rain, snow, ice, or fog, causing a fatal collision.

Engaging in any of these behaviors could result in charges if they lead to the death of another person. Each case is evaluated based on the specific circumstances and evidence. If you face these allegations, it is essential to seek immediate advice from a criminal lawyer.

What Are the Penalties for Vehicular Manslaughter in Toronto?

The penalties for vehicular manslaughter will reflect the specific charge that was laid under the Canadian Criminal Code. While the term “vehicular manslaughter” is not explicitly used in the Criminal Code, these cases are prosecuted for the crimes of criminal negligence causing death or the dangerous operation of a motor vehicle causing death. The penalties for these criminal offences are very severe and are as follows:

Criminal Negligence Causing Death

Maximum penalty: Life imprisonment
Often applied when the driver’s actions display a reckless disregard for the safety of others sharing the road

Dangerous Operation of a Motor Vehicle Causing Death

Maximum penalty: 14 years imprisonment
Charged when a driver operates a vehicle in a manner that endangers public safety, resulting in a fatality.

Impaired Driving Causing Death

Maximum penalty: Life imprisonment
Includes driving under the influence of alcohol or drugs, leading to a fatal accident.

Other Penalties

Driving Prohibitions: Individuals convicted of these offences often face long-term or lifetime driving bans, depending on the severity of the case.
Fines and Restitution: In some cases, courts may order significant fines or restitution payments to victims’ families.
Permanent Criminal Record: A conviction results in a criminal record affecting employment, travel, and even professional licenses.

The sentencing in these cases is impacted by the evidence outlining the circumstances of the accident; prior driving history, such as DUI convictions in the past; and other factors. If you are facing vehicular manslaughter charges, it is critical to consult an experienced criminal defence lawyer to navigate the legal process and work toward the best possible outcome.

Is It Possible to Avoid Jail Time for Vehicular Manslaughter?

When wrongful driving behavior results in the death of another driver, passenger, cyclist, or pedestrian, the Crown will take the necessary actions to hold the responsible party accountable. The first step is fully evaluating the evidence that led to the arrest and charge. It is understood that the defendants did not set out to cause the death of another party, but someone died, and if acts of recklessness or dangerous driving are alleged to be what caused the death, charges will be filed. Some cases can be negotiated to a lesser charge or a plea, allowing the accused to avoid prison time.

In some cases, the Crown Attorney could be “out for blood.” They may offer a plea that provides little benefit to the accused or refuse to negotiate a plea. It is extremely important to have a lawyer to protect your rights and interests if you are charged with vehicular manslaughter in Toronto.

What Are Possible Defences for Vehicular Manslaughter Charges?

The first step in identifying a defence strategy is fully evaluating all the evidence in the case. The options for a successful defence strategy may include the following:

Challenging the Evidence

The prosecution must prove, beyond a reasonable doubt, that the death was the result of dangerous driving conduct. Your vehicular homicide defence lawyer can evaluate the data from accident reconstruction reports, eyewitness testimony, and video footage to find any inconsistencies or errors.

Proving the Absence of Criminal Negligence

The prosecution must prove that the driver operated a vehicle in a manner that was a significant departure from the standard of care expected of a reasonable driver to achieve a conviction for criminal negligence causing death. It will be necessary to present evidence supporting that the driving conduct was not reckless or grossly negligent. Innocence could be established with the assistance of an accident reconstruction specialist, video footage, or other evidence.

Mechanical Failure or Unavoidable Circumstances

If the accident was caused by unforeseen factors such as a sudden mechanical failure, unsafe or dangerous conditions, or a road hazard or other external problem that was beyond your control, the defendant may be found “not guilty.”

Challenging Drug or Alcohol Testing

In cases of impaired driving causing death, your lawyer may challenge the validity of breathalyzer or saliva test results, the procedures used to obtain them, or whether impairment was the direct cause of the accident.

Violation of Charter Rights

If your Charter rights were violated during the investigation, such as unlawful search and seizure or failure to inform you of your right to legal counsel, it could lead to the exclusion of critical evidence that allows for a dismissal of charges.

Contributory Negligence by the Victim

If the victim’s actions significantly contributed to the accident, such as jaywalking, unsafe driving, it may mitigate the severity of the charges.

Contact AR Law Today—Free Case Consultation

Vehicular manslaughter charges are serious, and the consequences can be life-altering. A skilled Toronto criminal defence lawyer can evaluate your case, identify the strongest possible defence strategies, and work to protect your rights and future. Contact us today to discuss your options.

You are innocent until proven guilty, but it probably won’t feel that way. The Crown must prove the death was caused by your actions beyond a reasonable doubt. Fortunately for those facing these charges, it’s possible to mount a defence to prove your innocence or reveal other evidence that could allow you to avoid prison time and other repercussions. Every case is different, and the first step is to meet with AR Law for a free case consultation. Contact us today at (416) 960-0781.