Careless Driving Causing Death in Ontario: Criminal Offence or Not?

Careless Driving Causing Death: the Difference Between Provincial and Criminal Offences

As a driver in Ontario, it is essential to understand the differences between provincial and criminal offences. Albeit many traffic offences fall under provincial jurisdiction, some behaviours may cross the line into criminal conduct, with severe legal consequences.

One example of such behaviour is careless driving causing death Ontario. While careless driving is a provincial offence, it can result in criminal charges if the driver’s behaviour is particularly reckless or shows a marked departure from what a reasonable person would do in the circumstances, and it causes the death of another person. 

So, if you are facing this charge, seeking legal advice and understanding your options is vital.

What is Careless Driving Causing Death in Ontario

Careless driving causing death is a traffic offence under the Ontario Highway Traffic Act (section 130(3)). It occurs when a person operates a motor vehicle without due care and attention or without reasonable consideration for other persons using the highway, resulting in another person’s death. 

Penalty for Careless Driving Causing Death in Ontario

The careless driving causing death sentence under the Ontario Highway Traffic Act can be severe. If convicted, a driver may face the following:

• six demerit points
• fine from $2,000 to $50,000
• licence suspension of up to five years
• imprisonment for up to two years

A conviction for careless driving causing death in Ontario will likely significantly impact insurance premiums. Insurance companies will consider the driver high-risk and may face higher rates and difficulty obtaining car insurance coverage.

In addition, the driver may receive a criminal record, which can have long-term consequences on their employment, travel, and other aspects of their life. 

Important: the penalties may vary depending on the specific circumstances of the case, such as the driver’s history, the degree of negligence or recklessness displayed, and the victim’s age and vulnerability.

Is Careless Driving Causing Ceath a Criminal Offence in Ontario?

Ontario careless driving causing death is a hybrid offence, which means it can be prosecuted as a provincial or criminal offence, depending on the circumstances.

In some cases, careless driving causing death can result in criminal charges. For example, if a driver is texting while driving and causes a fatal accident, they could be charged with this offence. Similarly, if a driver is under the influence of drugs or alcohol and causes a fatal accident, they could be charged with careless driving causing death in Ontario.

Examples of behaviours that could lead to a criminal charge of careless driving causing death (Criminal Code):

• driving under the influence of drugs or alcohol,
• racing,
• driving at excessive speeds,
• failing to stop at a stop sign or red light,
• using a phone while driving,
• ignoring traffic signals or/and road signs,
• operating a vehicle with known mechanical problems,
• driving while fatigued or exhausted,
• engaging in road rage or aggressive driving.

In case the driving behaviour meets the examples mentioned above and causes the death of another person, the driver may be charged with dangerous driving causing death or criminal negligence causing death. These are serious criminal offences with more severe penalties than careless driving.

The difference between careless driving and dangerous driving is based on the degree of danger involved in the driving behaviour.

However, not all cases of careless driving causing death will result in criminal charges. For instance, if a driver is momentarily distracted and causes a fatal accident, they may only receive a provincial offence ticket for careless driving causing death (under the HTA).

Examples where careless driving causing death may NOT result in a criminal charge in Ontario:

• If the accident was indeed an accident. For instance, a driver lost control of the car due to a medical emergency or other unforeseeable circumstance.
• If the driver was not breaking any traffic laws at the time of the accident and the accident was caused solely by the victim’s negligence or carelessness.
• If the accident was caused by a sudden mechanical failure of the vehicle, and the driver was not under the influence of drugs or alcohol.

It is important to note that the Crown prosecutor makes the decision to prosecute for a criminal offence based on the evidence and circumstances of each case. The prosecutor will consider factors such as the severity of the driver’s behaviour, the impact on the victim’s family and the community.

In certain instances, the driver may face criminal charges despite not being intentionally reckless. This may occur if their actions were considered a substantial deviation from the level of care anticipated of a reasonable person in similar circumstances.

How the prosecution determines whether to pursue criminal charges for careless driving causing death in Ontario

1. Police investigation: The police will investigate the accident’s circumstances, collect evidence, and determine if enough evidence exists to support a criminal charge.
2. Crown review: If the police determine enough evidence to support a criminal charge, the Crown Attorney’s office will review the case. The Crown will review the evidence to determine whether the charge is appropriate and whether there is a reasonable prospect of conviction.
3. Factors considered: The Crown will consider various factors when deciding whether to pursue criminal charges: the severity of the driving behaviour, the level of carelessness or recklessness, the driver’s level of impairment, and whether the driver had any prior driving offences.
4. Public interest: The Crown will also consider the public interest in prosecuting the case. The Crown may be more likely to pursue criminal charges if the incident receives much media attention or public outcry.
5. Charge laid: If the Crown determines that there is enough evidence to support a criminal charge and that it is in the public interest to pursue the case, the charge will be laid, and the case will proceed to trial.

By the way, in criminal cases, the prosecution bears a high burden of proof. It means they must prove the accused’s guilt beyond a reasonable doubt, which requires a high level of certainty before deciding on a conviction.

Possible Defences for Ontario Careless Driving Causing Death

1. The driver was not the cause of the accident that resulted in the death.
2. The driver was driving in an emergency situation and had no choice but to drive carelessly to avoid even more significant harm.
3. The driver’s driving was impaired by a medical condition, such as a seizure, which was unknown to the driver.
4. A mechanical issue impaired the driver’s driving with the vehicle that the driver was unaware of.
5. The driver’s driving resulted from being forced off the road by another vehicle.
6. The driver’s driving resulted from sudden and unexpected weather conditions.

But you need to understand that each case is unique, and the best defence strategy will depend on the case’s specific circumstances. It’s always advisable to consult with a qualified traffic lawyer to discuss your legal options if you face charges for careless driving causing death in Ontario.