Quick Answer
Point Duty defends dangerous driving charges under Criminal Code s.320.13 — 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 summary elections.
Operating a motor vehicle in a manner dangerous to the public — a Criminal Code offence distinct from the HTA's careless driving. Hybrid; on summary election within paralegal scope.
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), and a paralegal may act once the Crown elects to proceed summarily. 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.
Twenty minutes, confidential, no obligation. We’ll discuss your charge, the realistic outcomes, and the cost of defence before you commit to anything.
