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.
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.
Waterloo Region criminal matters are heard at the Kitchener courthouse on Frederick Street. Provincial offences from across the region — Kitchener, Waterloo, Cambridge and the townships — are heard at the Waterloo Region POA court on Queen Street North.
85 Frederick Street, Kitchener, ON N2H 0A7
(519) 741-3200
All Waterloo Region criminal matters — Kitchener, Waterloo, Cambridge and the townships.
Twenty minutes, confidential, no obligation. We’ll discuss your charge, the realistic outcomes, and the cost of defence before you commit to anything.
