Dangerous Driving Ontario
The offence of Dangerous Driving in Ontario is governed by section 320.13 of the Criminal Code, which outlines the conduct constituting the offence and its penalties. This article will address the relevant sections of the Code, the penalty scheme, the elements of the offence and potential defences.
If you’ve been charged with Dangerous Driving, you are at risk of jail time. Consult a experienced Dangerous Driving Lawyer in Ontario today.
1. Dangerous Driving – s. 320.13 of the Criminal Code
Section 320.13 of the Criminal Code defines the offence of Dangerous Operation. Subsection (1) states that everyone commits an offence who operates a conveyance in a manner that, having regard to all the circumstances, is dangerous to the public. Subsections (2) and (3) address aggravated forms of the offence, where the dangerous operation causes bodily harm or death, respectively. The term “conveyance” includes motor vehicles, vessels, aircraft, and railway equipment.
2. Penalty Scheme of Dangerous Driving in Ontario
The penalties for Dangerous Operation vary depending on the severity of the offence. Under section 320.19(5), the maximum penalty for dangerous operation simpliciter is 10 years’ imprisonment if prosecuted by indictment. For dangerous operation causing bodily harm, the maximum penalty is 14 years, and for dangerous operation causing death, it is life imprisonment. These penalties align with those for impaired driving offences, reflecting the seriousness of the conduct.
3. Elements of the Offence of Dangerous Driving in Ontario
The offence consists of two key elements: the actus reus and the mens rea. The actus reus requires proof that the accused operated a conveyance in a manner dangerous to the public, considering all the circumstances, such as road conditions and traffic. The mens rea requires a marked departure from the standard of care expected of a reasonable person in similar circumstances. This objective test ensures that only conduct demonstrating significant fault is criminalized R. v. Healey, [2016] N.J. No. 243, R. v. Mowlai, [2017] O.J. No. 4500, R. v. McDougall, [2024] M.J. No. 141.
4. Potential Defences to Dangerous Driving in Ontario
Defences to Dangerous Operation may include arguing that the accused’s conduct did not constitute a marked departure from the standard of care or that the dangerous manner of operation was due to an unforeseen and uncontrollable event. For example, a momentary lapse of attention that does not meet the threshold of a marked departure may not result in a conviction, as established in R. v. Beatty R. v. Healey, [2016] N.J. No. 243, Year in Review: Developments in Canadian Law in 2008, (2009) 67(2) U.T. Fac. L. Rev. 359 – 436.
5. Leading Case Law Principles
The Supreme Court of Canada in R. v. Beatty clarified that the focus of the offence is on the manner of driving, not the consequences. The Court emphasized that not all negligent driving amounts to dangerous driving; the conduct must represent a marked departure from the standard of care. Similarly, in R. v. Roy, the Court reiterated that both the actus reus and mens rea must be proven beyond a reasonable doubt R. v. Healey, [2016] N.J. No. 243, R. v. Mowlai, [2017] O.J. No. 4500.
6. Criminal vs Traffic Ticket
Dangerous Driving is a Criminal Charge, not a Traffic Ticket. There is no equivalent traffic ticket to Dangerous Driving. The closest offence under the Highway Traffic Act to dangerous driving is Careless Driving.
Similarities between Dangerous and Dangerous Driving in Ontario include:
- You have to appear in court to respond to the allegation
- You are entitled to receive disclosure and prepare a defence for your case
- You are at a legal risk of jail time for both offences
Differences between the offences include:
- Dangerous Driving may involve a permanent criminal record while careless driving will not
- Dangerous Driving does not lead to demerit points, but the length of jail sentences available for a Court to impose are greater
- Dangerous Driving is a true crime, and the Crown must prove the actus reus and mens rea of the offence beyond a rasonable doubt, whereas careless driving is an offence of strict liability, where the Crown must only prove the prohibited act in question (the driving being careless).
Andrew Captan – Dangerous Driving Lawyer Ontario
Dangerous Operation is a serious offence under Canadian law, with penalties reflecting its potential to harm public safety.
Andrew Captan is an experienced Dangerous Driving Lawyer in Ontario, and has over 15 years of experience defending individuals with driving related offences. Call him at (647) 878 – 6355 for a free case review today.
