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Dangerous Operation: Motor Vehicles, Watercraft, Aircraft or Other Conveyances
Question: What are the consequences of dangerous driving charges in Canada?
Answer: A conviction for dangerous driving, classified under the Criminal Code R.S.C. 1985, c. C-46, can lead to significant penalties such as hefty fines, potential imprisonment, and a lasting criminal record. Seeking legal assistance from Hogan Paralegal Services can provide valuable support in navigating these serious matters and help you understand your rights and options.
Driving Dangerously Per the Criminal Code
The charge of dangerous driving, more accurately known as dangerous operation of a conveyance, arises as a criminal law matter rather than as a matter the general highway traffic laws. As a criminal law matter, in addition to punishment by way of a significant fine and possibly jail time, a conviction for dangerous operation also results in a criminal record.
Dangerous driving involves operating a vehicle in a manner that endangers public safety. This can result in severe consequences depending on whether the charge is pursued as an indictable offence or a summary conviction offence.
The Law
The Criminal Code, R.S.C. 1985, c. C-46, prescribes dangerous driving as a serious infringement affecting road safety and focuses upon the risks and implications of driving recklessly or irresponsibly. Specifically, the Criminal Code states:
Dangerous operation
320.13 (1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.
Operation causing bodily harm
(2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.
Operation causing death
(3) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes the death of another person.
...
Punishment — dangerous operation ...
320.19 (5) Every person who commits an offence under subsection 320.13(1) ... is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) an offence punishable on summary conviction.
...
Punishment in case of bodily harm
320.2 Every person who commits an offence under subsection 320.13(2), ... is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of,
(i) for a first offence, a fine of $1,000,
(ii) for a second offence, imprisonment for a term of 30 days, and
(iii) for each subsequent offence, imprisonment for a term of 120 days; or
(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to the minimum punishments set out in subparagraphs (a)(i) to (iii).
Punishment in case of death
320.21 Everyone who commits an offence under subsection 320.13(3), ... is liable on conviction on indictment to imprisonment for life and to a minimum punishment of,
(a) for a first offence, a fine of $1,000;
(b) for a second offence, imprisonment for a term of 30 days; and
(c) for each subsequent offence, imprisonment for a term of 120 days.
As above, dangerous driving involves operating a vehicle in a manner that endangers public safety. This can result in severe consequences depending upon whether the charge is pursued as an indictable offence or a summary conviction offence. Key distinctions exist between how such offences are prosecuted, influencing both the legal process and the potential consequences upon a conviction.
Indictable Offences and Summary Conviction Offences
Dangerous driving can be prosecuted as either an indictable offence or as a summary conviction offence, with each form of prosecution bearing distinct procedural processes and penalties whereas:
- The Indictable Offence:
A prosecution as an indictable offence is the more serious categorization and involves the risk of greater penalties, such as an extensive imprisonment of up to ten years. Indictable charges generally entail a lengthier legal process with the right to a jury trial, indicative of the severity and complexity of such cases. A dangerous operation charge prosecuted via the indictable process may be represented by a lawyer only. - The Summary Conviction Offence:
A prosecution as a summary conviction offence is considered the less severe, although still very concerning, of the processes; however, these cases typically conclude faster and involve lighter penalties in fines as well as risk of a shorter time of imprisonment. In Ontario, summary conviction matters permit representation by legal service providers, including paralegals. - The Legal Representation:
A person charged with dangerous driving that is proceeding in accordance with the summary conviction process can benefit from paralegal representation. This is only a possibility for the charges of dangerous operation or dangerous operation causing injury whereas a charge of dangerous operation causing death is without the possibility of prosecution via the summary conviction process.
Possible Penalties
As above, the possible penalties, as potential punishments, upon conviction for the dangerous operation offences vary depending on the circumstance and the specific charge. For dangerous operation causing risk of danger, the possible penalties are found at section 320.19(5). For dangerous operation causing injury, the possible penalties are found at section 320.2. For dangerous operation causing death, the possible penalties are found at section 320.21. Specifically, the penalty sections state:
Punishment — dangerous operation and other offences
320.19(5) Every person who commits an offence under subsection 320.13(1) or 320.16(1), section 320.17 or subsection 320.18(1) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) an offence punishable on summary conviction.
Punishment in case of bodily harm
320.2 Every person who commits an offence under subsection 320.13(2), 320.14(2), 320.15(2) or 320.16(2) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of,
(i) for a first offence, a fine of $1,000,
(ii) for a second offence, imprisonment for a term of 30 days, and
(iii) for each subsequent offence, imprisonment for a term of 120 days; or
(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to the minimum punishments set out in subparagraphs (a)(i) to (iii).
Punishment in case of death
320.21 Everyone who commits an offence under subsection 320.13(3), 320.14(3), 320.15(3) or 320.16(3) is liable on conviction on indictment to imprisonment for life and to a minimum punishment of,
(a) for a first offence, a fine of $1,000;
(b) for a second offence, imprisonment for a term of 30 days; and
(c) for each subsequent offence, imprisonment for a term of 120 days.
Vessel, broadly defined
Interestingly, per the case of R. v. Sillars, 2018 ONCJ 816, it was argued whether a canoe was defined as a vessel. In the Sillars case, a canoe was operated near a waterfall where subsequently the canoe did go over the waterfall and sadly an eight (8) year-old boy was drowned. In reviewing the argument as to whether an unmotorized watercraft, such as a canoe, constituted as a vessel per the Criminal Code, the court said, among other things:
[55] Considering the totality of the materials before me and considering that the words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act and the intention of Parliament, it is my finding that the term “vessel” contained in s. 253(1)(a), s. 253(1)(b) and s. 249(1)(b) includes a canoe. ...
While dangerous operation is most commonly thought of in the context of dangerous operation of a motor vehicle, and is commonly referred to as dangerous driving, as shown per the Sillars case, the dangerous operation law can be applied to a unmotorized watercraft such as a canoe.
Conclusion
Understanding the complexities of dangerous driving charges under section 320.13 of the Criminal Code necessitates awareness of the differences between indictable and summary conviction offences and recognizing the value of adept legal representation, including paralegal representation for summary conviction charges, is crucial for those facing dangerous driving accusations.
