Operation While Prohibited

Operation While Prohibited

The offence of operation while prohibited is outlined in section 320.18(1) of the Criminal Code.

A person commits the offence of operation while prohibited when they drive or exercise care or control over a motor vehicle, vessel, aircraft, or railway equipment despite being prohibited from doing so by a legal restriction or order.

Examples

Person A drives their car around town despite being prohibited from driving due to being convicted of impaired driving.

Person B is out on bail, with a condition of their bail being that they cannot operate any vessels. Despite this, person B decides to take their uncle’s sailboat out on Lake Ontario.

Cases

R. v. Ashton, 2021 ONSC 3994

In R. v. Ashton, the accused was convicted of one count of operation while prohibited when he drove his vehicle, causing an accident on the highway, despite being subject to a bail condition to not drive or exercise care or control over any motor vehicle.

R. v. Dillon, 2021 SKQB 78

In R. v. Dillon, the accused was convicted of one count of operation while prohibited when he drove his vehicle despite being subject to a Criminal Code driving prohibition prohibiting him from driving or exercising care and control over a motor vehicle on any street, road, highway, or other public place for a year.

Offence Specific Defence(s)

No Restriction or Order

Where no order or legal restriction applies to prohibit the person from driving or exercising care or control over a motor vehicle, vessel, aircraft, or railway equipment, they have not completed the offence of operation while prohibited.

Legal Information on Demand:

  • Affordable

  • 6 Modules
  • 1 Hour of Video
  • 3.5 Hour Audiobook
  • 125 Pages
  • Instant Access

More Legal Information

Law Newbie™ is a free legal assistant developed by our criminal lawyers to help you understand the law.

Fingerprint

In criminal cases, there are very strict rules governing what evidence can be used and how it can be used.

The rights enjoyed of all those within Canada are contained in the Canadian Charter of Rights and Freedoms.

Criminal procedure is the process by which an accused person is arrested and brought through the justice system.

Sentencing refers to the punishment that is ordered when an individual is found guilty of a criminal offence.

Firearm Smoke

Offences in Canada are listed in the Criminal Code. They include crimes related to people, vehicles and weapons.