Is Careless Driving a Criminal Offence in Canada?

Careless driving causing bodily harm or death by itself is not a criminal offence in Canada. However, drivers need to be aware that careless driving is taken seriously by law enforcement and the courts. There are similar charges that are criminal. If a police officer issues a charge for dangerous driving, also known as dangerous operation, this is a criminal charge. 

What Is Dangerous Driving?

While both careless and dangerous driving are driving offences, they are not the same.

Dangerous driving is a criminal offence that involves intentional recklessness. It usually requires proof of behaviour that shows a blatant disregard for the safety of others, such as excessive speeding or driving while impaired by alcohol or drugs.

In contrast, careless driving does not require intent to harm. It can result from poor judgement or momentary lapses in concentration. The penalties for dangerous driving are more severe, involving larger fines, long-term license suspensions, and possibly imprisonment.

Criminal Offence vs. Provincial Offence

Careless driving is classified as a provincial offence. This means it’s not a criminal offence and will not result in a criminal record. Dangerous Driving is classified as a criminal offence, issued under the Criminal Code of Canada. Being found guilty of a criminal offence results in a criminal record. 

Careless Driving Causing Bodily Harm or Death

If careless driving results in bodily harm or death, a police officer may choose to charge the driver with a criminal offence. In such cases, the driver may face severe penalties, including imprisonment. 

For example, if a driver’s actions lead to a fatal collision, they might be charged with Dangerous Driving Causing Death under the Criminal Code of Canada. Penalties can include fines, community service, a license suspension or even jail time. The exact punishment varies depending on the circumstances and severity of the incident. In the same circumstance, if a driver is charged with careless driving causing bodily harm or death under the Highway Traffic Act, penalties can include fines, a license suspension and jail time.

Criminal Code of Canada Involvement

The Criminal Code of Canada plays a significant role in defining crimes like dangerous driving. According to the Code, certain driving behaviours that result in injury or death can be classified as criminal offences. These can lead to charges of Criminal Negligence Causing Death or Dangerous Driving Causing Death.

Police will gather evidence to decide if the driver’s behaviour fits the criteria for criminal charges. This evidence might include witness statements, video footage, and expert analysis. Once charges are laid, the legal process unfolds, including court appearances and sentencing if convicted.

Criminal Negligence and Dangerous Driving

Criminal negligence involves showing a wanton or reckless disregard for the lives or safety of others. When it comes to driving, this means actions that go beyond simple carelessness. Criminal Negligence Causing Death can lead to serious charges with potential jail time.

Dangerous driving is defined by the Criminal Code as driving in a way that is dangerous to the public. When this dangerous driving results in death or bodily harm, the consequences are much more severe. Both crimes can significantly affect the driver’s life, with long-term legal and personal impacts.