Dangerous Driving
Dangerous driving is the criminal offence, under section 320.13 of the Criminal Code, of operating a conveyance in a manner that is dangerous to the public, having regard to all the circumstances. The offence is hybrid: summary maximum is 2 years less a day; indictable maximum is 10 years. Where the dangerous driving causes bodily harm, the indictable maximum rises to 14 years; where it causes death, life imprisonment.
Mass Tsang's criminal lawyers defend dangerous driving charges across the GTA. For more, see our blog post on dangerous driving in Toronto.
What "dangerous" means
The Supreme Court of Canada's leading case on the mens rea standard is R v Beatty, 2008. The Crown must prove that the manner of driving was a marked departure from the standard of care that a reasonable person would observe in the accused's circumstances. Ordinary negligence or momentary inattention is not enough. Excessive speed, racing, prolonged inattention, deliberate stunt driving, and impaired-style driving in the absence of an intoxication finding can all support the charge.
Dangerous driving vs. careless driving
Careless driving under the Highway Traffic Act requires only a failure to exercise the standard of care of a reasonably prudent driver. Dangerous driving requires a marked departure — a significantly higher threshold. The distinction matters: careless driving is a regulatory offence with no criminal record; dangerous driving is a criminal offence with all the attendant consequences. Many criminal driving cases resolve by way of a careless driving plea.
Aggravated versions
Dangerous driving causing bodily harm and dangerous driving causing death require the additional element that the manner of driving caused the harm. Causation is a significant Crown burden in serious-injury and fatality cases — defence challenges to causation often turn on contributing factors (road conditions, conduct of others, mechanical failure). Sentences for the aggravated versions are typically custodial and can be substantial.
Defences
Common defences include: the driving did not meet the "marked departure" threshold; necessity or sudden emergency; mechanical failure beyond the driver's knowledge; identification challenges; and Charter issues with the investigation (particularly in cases relying on phone records, dashcam footage, or other digital evidence). Where the Crown's case is strong, resolution via careless driving is often the best available outcome.
Consequences on conviction
Conviction triggers: a criminal record; a mandatory driving prohibition under section 320.24 (minimum one year, longer for repeat offences or aggravated versions); insurance consequences; possible jail or conditional sentence; and, for non-citizens, potential immigration consequences.
Related glossary terms
