Dangerous Operation:

Question: Facing a dangerous operation of a conveyance charge in Ontario, what penalties and representation options apply?

Answer: If you are charged with dangerous operation of a conveyance in Ontario, it is a Criminal Code matter with serious consequences, including a possible criminal record, fines, and jail time depending on whether the charge is pursued as an indictable offence or a summary conviction offence.  Under the Criminal Code, dangerous operation, operation causing bodily harm, and operation causing death are set out in Criminal Code, R.S.C. 1985, c. C-46, at sections 320.13(1)-(3), with punishment ranges under Criminal Code, R.S.C. 1985, c. C-46 at sections 320.19(5), 320.2, and 320.21.  In many summary conviction cases involving dangerous operation or dangerous operation causing injury, you may be eligible for representation by a paralegal, while charges involving death are not available via the summary route and typically require a lawyer.  Olson Craig Legal offers lawyer & paralegal representation to help you understand the process, assess risk, and plan next steps, call (226) 886-2001 for an Ontario-focused consultation.

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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:

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:

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:

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.