The appellant, a police officer, arrested an individual who was highly intoxicated by methamphetamine.
He later transferred custody to the OPP without seeking medical assistance, and the individual subsequently died of methamphetamine toxicity.
The trial judge convicted the appellant of failing to provide the necessaries of life and criminal negligence causing death.
On appeal, the Court of Appeal upheld the conviction for failing to provide the necessaries of life, finding the appellant's failure to seek medical assistance was a marked departure from the standard of care.
However, the Court quashed the conviction for criminal negligence causing death, concluding that the trial judge's finding that the appellant deliberately misled the OPP was unreasonable and that causation was not established.
