Quick Answer
Point Duty defends dangerous driving charges under Criminal Code s.320.13(1) — a criminal offence, not a Highway Traffic Act one, requiring proof of a marked departure from the care a reasonable driver would show. Conviction brings a criminal record, a possible driving prohibition, and up to two years less a day summarily. A licensed paralegal can act on a summary election; where the driving is alleged to have caused bodily harm or death, the charge falls outside paralegal scope and is referred to a lawyer.
Operating a motor vehicle in a manner dangerous to the public — a Criminal Code offence distinct from the HTA's careless driving. Hybrid; only the simpliciter offence at s.320.13(1) is within paralegal scope, on a summary election.
Section 320.13 of the Criminal Code prohibits operating a conveyance in a manner that, having regard to all the circumstances, is dangerous to the public. The standard is a marked departure from the conduct of a reasonable person.
Hybrid offence. On summary election: up to 2 years less a day. On indictment: up to 10 years. A driving prohibition is available at the court's discretion. Where the driving causes bodily harm the maximum rises to 14 years on indictment; where it causes death, life imprisonment. A finding of guilt creates a criminal record.
Dangerous operation is one of four Criminal Code driving offences deliberately restored to paralegal scope after Bill C-46 briefly removed them. It appears on the Law Society’s permitted list at s.320.13(1) — the simpliciter offence only — and a paralegal may act once the Crown elects to proceed summarily. Dangerous operation causing bodily harm, s.320.13(2), and causing death, s.320.13(3), are not on that list and fall outside paralegal scope however the Crown elects. Where the paralegal scope line falls, and why.
If Crown elects summary, the matter is within paralegal scope. If Crown elects indictment, we refer to a barrister from our network. Disclosure review and Crown pre-trial often clarify the election early.
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