Quick Answer
Operating a motor vehicle while prohibited under Criminal Code s.320.18 is a criminal offence separate from a provincial drive suspended charge. A prohibition order is typically issued by a court as part of a prior criminal sentence — driving while subject to one creates a new criminal charge with potential imprisonment. Knowledge of the prohibition is the key issue.
Driving while subject to a court-ordered driving prohibition. A Criminal Code offence distinct from the HTA's Drive Suspended. Hybrid; on summary election within paralegal scope.
Section 320.18 of the Criminal Code prohibits operating a conveyance while subject to a court-imposed driving prohibition (typically arising from a prior impaired or dangerous driving conviction). Different from a provincial HTA suspension.
Hybrid. On summary: up to 2 years less a day. On indictment: up to 10 years. Mandatory minimum fines and extension of the underlying prohibition. Criminal record on conviction.
If Crown elects summary, within paralegal scope. Disclosure review focuses on notice of the prohibition order and Charter compliance of any stop.
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