202 (1) Every one is criminally negligent who

(a) in doing anything, or
(b) in omitting to do anything that it is his duty to do, shows wanton or reckless disregard for the lives or safety of other persons

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

The question: Does s.202 impose a subjective or an objective standard of fault?


A preliminary question: If s.202 is construed objectively, what would the reasonable person standard measure?

Two options:

(1) the defendants' actions, given their beliefs
(2) the defendants' beliefs

McIntyre J. seems to say both, but that is problematic.


McIntyre J. answers "objectively," for three reasons.

(1) precedent
(2) the words of the statute "... shows wanton or reckless disregard"
(3) the role of s.202 in the rest of the Code


Wilson J. answers "subjectively," for two reasons.

(1) precedent (on a different point)
(2) the words of the statute "... shows wanton or reckless disregard"

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