Dangerous Driving Causing Death/Bodily Harm

Dangerous Operation (Dangerous Driving) / Dangerous Operation Causing Bodily Harm / Dangerous Operation Causing Death — S. 320.13 Of The Criminal Code

Summary of the Offence

Dangerous Operation (formerly “Dangerous Driving”)
Previously referred to as “dangerous driving” under s. 249 of the Criminal Code, “dangerous operation” is now outlined in s. 320.13(1) of the Criminal Code, which states:

320.13 (1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all the circumstances, is dangerous to the public.

Dangerous Operation Causing Bodily Harm
When the offence of “dangerous operation” involves bodily harm to another person, it is considered more serious, as outlined in s. 320.13(2):

320.13 (2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.

Dangerous Operation Causing Death
Similarly, if “dangerous operation” leads to the death of an individual, it is outlined in s. 320.13(3):

320.13 (3) Everyone commits an offence who operates a conveyance in a manner that, having regard to all the circumstances, is dangerous to the public and, as a result, causes the death of another person.

How serious is the offence of Dangerous Operation? 

• Dangerous Operation (Dangerous Driving) & Dangerous Operation Causing Bodily Harm
  These offences are classified as “hybrid,” meaning the Crown may proceed either summarily or by indictment, depending on the case's circumstances.
• Dangerous Operation Causing Death
  Considered significantly more serious, dangerous operation causing death is a straight indictable offence.

Examples of Dangerous Operation

The offence applies not only to cars but any “conveyance,” which is broadly defined to include motor vehicles, vessels, aircraft, or railway equipment. “Operate” also encompasses “care or control” of the vehicle, not solely driving.

• Examples of Dangerous Operation may include:some text
  • Speeding
  • Road rage incidents
  • Failing to obey road signs or signals
  • Swerving while driving
  • Collisions with other vehicles, people, or objects
  • Tailgating

Elements of the Offence

To convict, the Crown must prove both the actus reus and mens rea of the offence beyond a reasonable doubt.

The Guilty Act (Actus Reus)

The actus reus in dangerous operation cases centers on how the vehicle was operated, not the consequences of the operation. Even when bodily harm or death occurs, it’s the manner of driving that determines whether the offence is established, not the outcome (R. v. Stennett; R. v. Beatty, 2008 SCC 5).

• Core Question: Was the accused’s driving, viewed objectively, dangerous to the public in all circumstances, with risk created by the driving manner? (R. v. Beatty; R. v. Roy).

The Guilty Mind (Mens Rea)

The mens rea requires a “marked departure” from the standard of care a reasonable person would exhibit in similar circumstances (R. v. Beatty; R. v. Roy).

• Momentary Inattention does not suffice unless the conduct over a short period creates foreseeable and immediate risks (R. v. Chung).
• Subjective Evidence: Evidence of the accused’s actual state of mind, such as intentionally dangerous driving, can establish mens rea (R. v. McLennan).

Possible Defences

• Momentary Inattention: A lapse of attention, if reasonable, may not meet the standard for dangerous operation.
• Medical Impairment: An unexpected medical emergency (e.g., seizure) may be a defence, provided the accused did not negligently ignore any diagnosis or medication.
• Involuntary Intoxication: Involuntary substance consumption may negate the mens rea of the offence if impairment was unforeseen.

Possible Punishments if Convicted

• Dangerous Operation (s. 320.13(1))
  • Summary: Maximum fine of $5,000 or up to two years less a day in prison, or both
  • Indictable: Maximum of ten years imprisonment
• Dangerous Operation Causing Bodily Harm (s. 320.13(2))
  • Summary: Maximum $5,000 fine or up to two years less a day in prison, or both. Mandatory minimums include:some text
    • First Offence: $1,000 fine
    • Second Offence: 30 days imprisonment
    • Subsequent Offences: 120 days imprisonment
  • Indictable: Maximum of fourteen years imprisonment
• Dangerous Operation Causing Death (s. 320.13(3))
  • Indictable Only: Maximum of life imprisonment. Mandatory minimums are the same as for bodily harm

What is the Difference Between Careless Driving and Dangerous Operation?

Unlike dangerous operation, a Criminal Code offence, careless driving is governed by the Highway Traffic Act and defined under s. 130(1):

130(1) Every person is guilty of the offence of driving carelessly who drives a vehicle or streetcar on a highway without due care and attention or without reasonable consideration for other persons using the highway.

A conviction for careless driving may lead to a sentence but does not create a criminal record. The offence must be proven beyond a reasonable doubt, requiring proof of the following:

1. The behaviour occurred on a highway with the defendant operating a motor vehicle.
2. Details such as date, time, and location are accurate as per the charging officer.
3. The driver operated the vehicle without due care and attention or reasonable consideration for others.