Dangerous driving

When someone is charged with dangerous driving, the Crown Prosecutor must prove beyond a reasonable doubt that the person was consciously driving a vehicle and that his conduct was objectively dangerous for the public. The reckless driving is assessed by the circumstances surrounding the event, including the state of the traffic and the premises, the nature of the driving and the use of the car. It is therefore not enough for the person to drive dangerously; it is essential that his driving is likely to cause danger to the public. The meaning of the word “public” is given a broad interpretation, since passengers are considered to be members of the public. The judge must establish whether the drivers conduct was a marked departure from the standard care of a reasonably prudent person placed in the same circumstances.

Section 320.13 of the Criminal Code: Dangerous operation

(1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.

Operation causing bodily harm

(2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.

Operation causing death

(3) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes the death of another person.