VEHICULAR MANSLAUGHTER – COMPARISON OF “GROSS NEGLIGENCE” WITH “CRIMINAL NEGLIGENCE”

[B' Spokes: If I am reading this right "the community’s general sense of right and wrong" is that it is perfectly fine to pass a cyclist via the oncoming lane with limited visibility (motorist can't see past the crest of a hill.). I think we need to get on MVA's case to provide better instruction if that is indeed the case.]

Criminal liability cannot be predicated on every act of carelessness resulting in death ..... The carelessness required for criminal negligence is appreciably more serious than that for ordinary civil negligence[;]the carelessness “must be such that its seriousness would be apparent to anyone who share[s] the community’s general sense of right and wrong”.... Criminal negligence thus requires “some serious blameworthiness in the conduct that caused [the death]”... or some culpable “risk creation” ....