Dangerous Operation

The offence of dangerous operation is outlined in section 320.13(1) of the Criminal Code.

A person commits the offence of dangerous operation when they drive or exercise care or control over a motor vehicle, vessel, aircraft, or railway equipment in a manner dangerous to the public.

Examples

Person A drives their pickup truck above the speed limit, through a red light, and into the opposite lane of traffic because they are late for work.

Person B knows they are tired but wants to drive home anyways. Person B soon falls asleep at the wheel of their car and swerves across four lanes of oncoming traffic before crashing into a tree.

Person C drives onto the sidewalk to get out of a traffic jam.

Cases

R. v. Jeffery, 2022 ONSC 579

In R. v. Jeffery, the accused was convicted of one count of dangerous operation for fleeing from police by driving his car at a high rate of speed out of a crowded mall parking lot, through a stop sign, and into the opposite lane of traffic before coming to a stop by crashing into two trees.

R. v. Hadi, 2022 ONSC 2903

In R. v. Hadi, the accused was convicted of one count of dangerous operation for fleeing from police by driving at a high rate of speed in the wrong lane and hitting two police vehicles and a concrete barrier before it landed in an intersection and collided with another vehicle.

Offence Specific Defence(s)

Not Dangerous

Where the person driving is following the rules of the road and not driving in a manner dangerous to the public, they may not have completed the offence of dangerous driving.

Not a Conveyance

Where the person is driving something that is not a motor vehicle, vessel, aircraft, or railway equipment, they may not have completed the offence of dangerous operation by driving it dangerously.

For example, if person B is riding a manual bicycle, skateboard, or is on roller skates when they are speeding, in the wrong lane of traffic, or crossing through red lights, they may not have completed the offence of dangerous operation.

Lawful Excuse

Where the person has a lawful excuse to be driving dangerously, they may not have completed the offence of dangerous driving. A lawful excuse could include responding to a threat to life or handling a medical emergency. For example, if person A is being chased by person B, who is shooting out their car window at person A, they may not have completed the offence of dangerous operation.

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