Manslaughter is a homicide where there was no intention to cause death, although there may have been an intention to cause harm. Manslaughter is classified as either “criminal negligence” or an “unlawful act” according to the circumstances surrounding the act. Unlawful act This occurs when an individual commits a crime that unintentionally results in the death of another person. For instance, in a fistfight when someone falls and hits their head and dies of their injuries. Criminal negligence This occurs when an individual’s actions (either an act or failure to act) showed wanton or reckless disregard for the lives of others and resulted in death. If a reasonable person would have foreseen that an action would endanger life, it can be considered negligent by a judge in a criminal case. Failure to act is considered negligence only if the individual’s duty was to take action (passersby or bystanders cannot be charged with this). Note that there is a specific provision in the Canadian Criminal Code for criminal negligence causing death. This is separate from the provision for manslaughter as a result of criminal negligence. The sentencing provisions are the same for both crimes.