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This is wholly dependent on the circumstances. If the driver was drunk, he can be charged with Manslaughter. Criminal Negligence Causing Death usually requires an extraordinary act or omission by the driver. A minor error, such as being momentarily distracted, has been determined by the Supreme Court of Canada to be insufficient grounds for a criminal charge. As a matter of law, the end result of the crash is not an aggravating factor. In other words, if what you did wouldn't have been criminal in a minor accident, it's not suddenly criminal just because the accident was fatal.

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Q: What happens in Canada if you kill someone driving?
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