Dangerous Driving (or Operation) is a criminal offence which, as of December, 2018, can be found under s. 320.13(1) of the Act which amended the Criminal Code of Canada in relation to offences involving conveyances (which is the same Act that modified the drinking and driving law in Canada). A conveyance is defined as a “motor vehicle, a vessel, an aircraft or railway equipment”.
What is Dangerous Driving?
Section 320.13(1) of the Act states that “[e]veryone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.”
How Do Courts Determine When Driving Becomes “Dangerous to the Public”?
In assessing whether an accused’s driving was “dangerous”, the Court must look at whether the accused’s driving was objectively dangerous to the public, having regard to all of the circumstances, including the nature, condition and use of the place at which the vehicle was being operated; the road conditions, including traffic volumes, etc
The offence focuses on the manner of the driving, rather than the consequences of the driving. A court must also find that the driving reflected a marked departure from the standard of care expected of a reasonable person in the same circumstances.
Is Dangerous Driving the Same Thing as Careless Driving?
No. These are two separate offences. Dangerous Driving is a criminal offence and Careless Driving is a Traffic Offence (not a criminal one).
What Are Some Examples of Dangerous Driving?
Courts have found all of the following to be examples of dangerous driving:
- Driving deliberately towards a pedestrian;
- Street racing;
- Significant speeding through a construction zone where crew members are present at the road-side;
- Fleeing from police.
To speak to a Dangerous Driving lawyer, call (647) 878-6355 today!