Dangerous driving is a criminal offence under section 320.13(1) of the Criminal Code of Canada. It occurs when a person operates a motor vehicle in a manner that is dangerous to the public, taking into account all the circumstances — including the nature of the place, traffic conditions, and the way the vehicle was operated. You do not need to cause harm or even be involved in a collision to be charged.

The offence focuses on whether the driving posed a serious risk to public safety and markedly departed from what a reasonable driver would do in the same situation. Dangerous driving can happen anywhere the public has access — not just on roads or highways, but also in parking lots, school zones, or private driveways open to the public.

Examples include excessive speeding, racing, weaving between cars, or driving while distracted by a phone or passenger. Courts will assess the totality of the circumstances, including road conditions, driver alertness, and surrounding hazards, to determine whether the conduct was dangerous or merely careless.

Penalties

Dangerous driving is a hybrid offence, meaning the Crown can elect to proceed by summary conviction or by indictment:

• If the Crown proceeds summarily, the maximum penalty is two years less a day in jail and/or a $5,000 fine.

• If the Crown proceeds by indictment, the maximum penalty is 10 years in prison.

Where bodily harm results, the maximum sentence increases to 14 years. Where death results, the maximum penalty is life imprisonment. In cases involving injury or death, the Crown must prove that the harm was a foreseeable consequence of the dangerous manner in which the vehicle was operated.

Being charged with dangerous driving carries serious personal and legal consequences, even before conviction. You may face an immediate licence suspension, vehicle impoundment, and difficulties with employment, especially where driving is a job requirement. If convicted, you will receive a permanent criminal record, which can impact your ability to travel, work, or maintain professional licenses.

Penalties may include jail, lengthy driving prohibitions, mandatory probation, high fines, and significantly increased insurance premiums. Every case depends on its specific facts. If you have been charged, it is critical to speak with an experienced criminal defence lawyer right away. Early legal intervention can mean the difference between a criminal record

and a second chance.