"Hit and run" is not a legal term in Ontario. When police lay a charge for leaving the scene of a collision, it can be one of two very different offences, and which one is on your paperwork changes almost everything: the penalties, whether you end up with a criminal record, and how the case is defended.
Here's how to tell them apart.
Two charges with similar names
Fail to remain is laid under s.200 of the Highway Traffic Act. It's a provincial offence, the same family as a speeding ticket, although a much more serious member of it.
Failure to stop after an accident is laid under s.320.16 of the Criminal Code. It's a criminal charge.
The same collision can produce either one, or both. Police decide which to lay based on what they believe happened, and that decision is one of the first things worth questioning.
Side by side
| Fail to remain (HTA s.200) | Failure to stop (Criminal Code s.320.16(1)) | |
|---|---|---|
| Type of offence | Provincial | Criminal |
| What you had to do | Stay at or return to the scene, give all possible help, and give your information in writing on request | Stop, give your name and address, and offer help to anyone hurt or appearing to need it |
| What must be proven about your knowledge | The prosecution doesn't need to prove you meant to leave, but an honest and reasonable belief that no collision happened can be a defence | The Crown must prove you knew, or were reckless about whether, you were in an accident with a person or another vehicle |
| Fine | $400 to $2,000 | Up to $5,000 on a summary conviction |
| Jail | Up to six months | Up to two years less a day (summary) or 10 years (indictment) |
| Demerit points | 7 | None, but the licence consequences are worse |
| Licence | Possible suspension of up to two years, at the court's discretion | Possible court-ordered driving prohibition, plus a mandatory Ontario suspension: one year for a first conviction |
| Criminal record | No | Yes |
Fail to remain: the Highway Traffic Act charge
If you're in charge of a vehicle that's directly or indirectly involved in a collision on a highway, s.200 requires you to:
- remain at the scene, or immediately return to it;
- give all possible assistance; and
- give your information in writing on request to anyone who suffered loss or injury, to a witness or to police: your name and address, driver's licence number, insurance details, and the vehicle's owner and permit number.
A "highway" in Ontario includes any public road, not just the 400-series.
The penalty on conviction is a fine of $400 to $2,000, up to six months in jail, or both, and the court may suspend your licence for up to two years. Fail to remain also carries seven demerit points, the most of any driving offence in Ontario. For a G1 or G2 driver, that alone triggers a novice licence suspension.
It doesn't create a criminal record. But insurers treat it as a serious conviction, and the combination of seven points and a "left the scene" entry on your abstract is about as damaging to your premiums as a provincial offence gets. There's more on that in how a traffic conviction affects your insurance.
Failure to stop: the Criminal Code charge
The criminal offence is narrower but far more serious. To convict, the Crown has to prove that:
- you were operating a vehicle;
- you knew, or were reckless about whether, it had been in an accident with a person or another vehicle; and
- you failed, without reasonable excuse, to stop, give your name and address, and offer help to anyone who was hurt or appeared to need it.
That knowledge requirement is what separates the two charges. The courts look at what you actually knew, not what a careful driver ought to have noticed. And unlike the Highway Traffic Act charge, the criminal offence isn't limited to public roads: a collision in a parking lot can be enough.
Where no one was hurt, the charge is laid under s.320.16(1), a hybrid offence, which means the Crown chooses how to proceed:
- Summary conviction: a fine of up to $5,000, up to two years less a day in jail, or both.
- Indictment: up to 10 years in jail.
On top of the sentence, the court can prohibit you from driving: up to three years on a summary conviction, and up to 10 years on indictment. Separately, Ontario suspends your licence on a Criminal Code driving conviction, for one year on a first conviction. And you'll have a criminal record, with consequences for employment, professional licensing and travel to the United States.
When someone was hurt or killed
If the Crown alleges that you knew, or were reckless about whether, the accident caused bodily harm, the charge is s.320.16(2), with a maximum of 14 years. If it caused death, it's s.320.16(3), with a maximum of life imprisonment. Both carry mandatory minimum penalties. These charges are outside a paralegal's scope, and you need a criminal lawyer immediately.
Which charge gets laid, and why
In practice, the provincial charge is far more common, especially for property-damage collisions: a scraped bumper in a parking lot, a side mirror clipped on a narrow street, a fender-bender where one driver left before details were exchanged.
The criminal charge tends to appear when police believe a driver knew exactly what happened and deliberately left, particularly where someone was injured or the driver was trying to avoid something else, such as a suspended licence or an impaired driving investigation.
Sometimes both are laid together. When that happens, the realistic goal is often to resolve the case so that the criminal charge is withdrawn and, at most, the provincial offence remains.
Don't confuse either charge with failing to report a collision under s.199 of the Highway Traffic Act. That's the separate duty to report a collision to police, or a collision reporting centre, where someone is injured or the total damage appears to be more than $2,000. It carries three demerit points.
How these charges are defended
Before I became a paralegal, I spent thirteen years as a police officer, and plenty of hit-and-run investigations start with very little: a partial plate, a paint transfer, a witness who saw "a dark SUV." That shapes the defence.
Did you know there was a collision? For the criminal charge, this is often the whole case. Light contact, a loud vehicle, a noisy street, darkness, or the size of the vehicle you were driving can all mean a driver genuinely didn't know. For the provincial charge, an honest and reasonable belief that nothing happened can also be a defence.
Were you the driver? A licence plate identifies a car, not a driver. In cases built on a plate number and a later phone call, identification can be the weakest link.
Did you have a reasonable excuse? Leaving because you feared for your safety, for example in a road-rage situation, or because of a genuine medical emergency, can be a defence, especially if you contacted police soon after.
Did you actually meet your duties? Drivers sometimes stop, talk to the other driver and exchange some information, but not all of it. Whether what you did satisfied the law is a real question.
Was the investigation properly done? What you said when police called you afterwards, and whether your rights were respected, can affect what evidence is usable.
What to do now
- If anyone may have been hurt, make sure help has been called. That comes before everything else.
- Don't explain yourself to police, insurers or the other driver before getting advice. What you say can become evidence, and statements made to "clear it up" often do the opposite.
- Write down what you remember while it's fresh: where you were, what you heard or felt, why you left, and who you spoke to.
- Keep any evidence, such as dashcam footage, photos of your vehicle (including the absence of damage) and phone records showing any call you made afterwards.
- Check which charge you're facing. A ticket or summons under "HTA s.200" is the provincial charge. Paperwork referring to the Criminal Code or s.320.16 is the criminal one. There's more on our fail to remain and failure to stop after accident pages.
Can a paralegal handle this?
For the Highway Traffic Act charge, yes, in every case. For the criminal charge, a licensed paralegal can act on s.320.16(1), with no injury or death alleged, once the Crown elects to proceed by summary conviction. You can check the full list on our scope of practice page. If the Crown proceeds by indictment, or anyone was hurt, I'll tell you on the first call and refer you to a criminal lawyer I trust.
Charged after leaving the scene of a collision? Book a free consultation before you talk to anyone else about it. We'll tell you which charge you're facing, what the evidence needs to prove, and what a realistic outcome looks like. Call 1-866-647-6468.
— Point Duty Traffic Court Defence & Legal Services
This article is general information about Ontario and Canadian law and is not legal advice. Whether a paralegal can act on a criminal charge depends on the specific offence and the Crown's election. Penalties depend on the charge, your record and the circumstances. If you've been charged, speak with a licensed paralegal or a criminal lawyer about your situation as soon as possible. Past results do not guarantee future outcomes.