Is it a Crime to Almost Hit a Pedestrian?
If you almost hit a pedestrian with your car it is possible that you may be charged with an offence under the Highway Traffic Act depending on the circumstances in which you almost hit a pedestrian. Highway Traffic Act offences are not listed in the Criminal Code of Canada. They are provincial regulatory offences.
Provincial Offences are governed by the Provincial Offences Act. In Ontario, the Provincial Offences Act intends to regulate the day-to-day lives of all people living in Ontario. Conviction of a Provincial Statute will not appear on the accused’s Criminal Record.
All violations under the Highway Traffic Act are Provincial Regulatory offences. These offences are considered less serious and regulatory, but can still carry serious consequences for the accused upon conviction, such as a suspended driver’s license. Careless Driving is set out in the third part of the Act that sets out the procedures for offences that are serious enough that the accused must attend Court to answer to the charge but are not serious enough to be included in the Criminal Code.
What is Careless Driving?
Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway. On conviction, the person is liable to a fine of not less than $400 and not more than $2,000 or to imprisonment for a term of not more than six months, or to both. In addition, his or her licence or permit may be suspended for a period of up to two years as stated in the 2009, c. 5, s. 41 of the Act.
The careless driving definition is very broad. There are many circumstances that may be considered when a careless driving charge is laid and prosecuted. It asserts that the driver was not using the level of care and awareness required to drive safely.
A careless driving charge can be paid whether or not an accident occurs. Careless driving can be defined as “driving without consideration for other persons using the roadway”. There are Criminal Offences in the Criminal Code of Canada that apply to drivers that are more serious and have more serious consequences.
Implications of Dangerous Driving and Potential Penalties
Every one commits an offence who operates a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place. This also applies to a vessel or any water ski, surf-board, water sledge or other towed object on or over any of the internal waters of Canada or the territorial sea of Canada, in a manner that is dangerous to the public, considering the nature and condition of those waters or sea and the use that at the time is or might reasonably be expected to be made of those waters or sea.
Likewise, an aircraft operated in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of that aircraft or the place or air space in or through which the aircraft is operated; or railway equipment operated in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of the equipment or the place in or through which the equipment is operated, falls under this offence.
Everyone who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or is guilty of an offence punishable on summary conviction. If the offence under subsection (1) causes bodily harm to any other person the offender is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years. If the offence under subsection (1) causes the death of any other person, the offender is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Everyone who commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not, while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood. For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug.
Possible Criminal Offences
Every individual who operates a motor vehicle in a manner that is dangerous to the public, considering all the circumstances, including the nature, condition, and use of the place at which the motor vehicle is being operated and the amount of traffic at the time is or might reasonably be expected to be at that place, commits an offence. The same applies to people who operate a vessel or any water skis, surfboard, water sled, or other towed object on or over any of the internal waters of Canada or the territorial sea of Canada, as well as aircraft and railway equipment.
When it comes to punishment, if you commit an offence under subsection (1), you are guilty of an indictable offence and are liable to imprisonment for a term not exceeding five years, or you are guilty of an offence punishable by summary conviction.
In case the offence under subsection (1) causes bodily harm to any other person, the offender is guilty of an indictable offence and is liable to imprisonment for a term not exceeding ten years. The situation escalates if the offence under subsection (1) causes the death of any other person; the offender is then guilty of an indictable offence and is liable to imprisonment for a term not exceeding fourteen years.
The same goes for everyone who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or railway equipment, or has the care or control of a motor vehicle, vessel, aircraft, or railway equipment, whether it is in motion or not, while the person’s ability to operate is impaired by alcohol or a drug; or having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
Dangerous Operation of Motor Vehicles, Vessels and Aircraft
Operating a motor vehicle in a manner that is dangerous to the public, considering all the circumstances, including the nature, condition, and usage of the place where the motor vehicle is being operated and the amount of traffic there at that time, is a crime. The same rule applies to operating a vessel or any water skis, surfboard, water sled, or other towed objects on or over Canada’s internal waters or territorial sea.
This also extends to operating an aircraft dangerously and considering all circumstances, including the nature and condition of that aircraft or the place or airspace through which the aircraft is operated. It also covers operating railway equipment in a way that is dangerous to the public, having regard to all the circumstances, including the nature and condition of the equipment or the place through which the equipment is operated.
Dangerous Operation Causing Bodily Harm
If an individual commits an offence under subsection (1) and as a result causes bodily harm to another person, they are guilty of an indictable offence. In this instance, the person is liable to imprisonment for a term not exceeding ten years.
Dangerous Operation Causing Death
If anyone commits an offence under subsection (1) and that action causes the death of any other person, then they have committed an indictable offence. In this situation, they could be facing a prison sentence of up to fourteen years.
Operation While Impaired
Anyone who operates a motor vehicle or vessel operates or assists in the operation of an aircraft or railway equipment, or has the care or control of a motor vehicle, vessel, aircraft, or railway equipment, whether in motion or not, commits an offence if their ability to operate is impaired by alcohol or a drug. If the person has consumed alcohol in a quantity such that the concentration in their blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood, it also counts as committing an offence.
For greater clarity, it should be noted that the reference to impairment by alcohol or a drug as stated in paragraph (1)(a) also includes impairment caused by a combination of alcohol and a drug.
Jonathan Pyzer, B.A., L.L.B., is an experienced criminal defence lawyer and distinguished alumnus of McGill University and the University of Western Ontario. As the founder of Pyzer Criminal Lawyers, he brings over two decades of experience to his practice, having successfully represented hundreds of clients facing criminal charges throughout Toronto.
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