Fail to Remain: Criminal Code Charge VS Provincial Offence

As you may know, failure to remain at the scene of an accident is an offence under both – the Criminal Code of Canada and the Highway Traffic Act:

Fail to remain or stop – the HTA, section 200(1) – provincial offence;
Fail to stop after accident – Criminal Code, section 320.16 – criminal charge.

Depending on the seriousness of an accident, you can be charged under either the Criminal Code or the Highway Traffic Act. The charges under the latter are considered minor hit and run charges.

Today we’re going to talk about the fail to remain at scene of accident Criminal Code charge.

What is Failure to Remain at the Scene of an Accident (Criminal Code of Canada)?

The Criminal Code of Canada defines “fail to remain” as leaving the scene of an accident without fulfilling legal responsibilities. This charge is severe as it involves avoiding accountability, potentially harming others involved, and hindering justice.

According to section 320.16 of the Criminal Code of Canada everyone commits an offence if they operated a motor vehicle or were reckless as to whether the vehicle had been involved in an accident, and without reasonable justification failed to:

stop their vehicle*;
provide phone, name and address; and
offer assistance (if anyone has been injured or requires assistance).

*a motor vehicle can be a car, vessel or aircraft.

A person can be accused of fail to stop (Criminal Code of Canada) if they failed to perform ANY of the above-mentioned three obligations. Serious personal injuries, death or an accident on private property can lead to hit and run criminal charges too.

Important: In Ontario, terms such as “fail to remain”, “fail to stop”, and “hit and run” all refer to the same charge of fail to stop at scene of accident (Criminal Code of Canada) and can be used interchangeably. Please consider this to avoid confusion.

Types of Fail to Stop Criminal Code Charges

When it comes to failing to remain at the scene of an accident, whether it is treated as a criminal offence or a provincial offence depends on the circumstances of the incident:

Hit and run with property damage (section 320.16(1)): Even when the accident only involves property damage, a charge under Section 320.16(1) is still a criminal offence under federal law. This would occur when the circumstances of the property damage are serious enough to warrant criminal prosecution, such as willful evasion after a significant accident or when other criminal factors are involved (e.g., impaired driving or fleeing law enforcement).
Hit and run causing bodily harm (section 320.16(2)): When an accident results in injury to another person and the driver fails to remain at the scene, the charge becomes more severe. This type of charge can lead to substantial penalties, including imprisonment and a long-term licence suspension, as it demonstrates a disregard for the safety and well-being of others.
Hit and run causing death (section 320.16(3)) : The most serious type of fail to remain charge occurs when an accident leads to the death of a person. These cases are treated as indictable offences and carry the most severe penalties, including significant prison sentences (up to life) and long-term impacts on the driver’s criminal record and future.
Hit and run with minor property damage: If the accident only involves minor property damage without aggravating factors (e.g., no injuries, no death, and no criminal context), it can be prosecuted as a provincial offence under the Highway Traffic Act (HTA). Consequences of leaving the scene of an accident under the HTA are not as harsh as under the Criminal Code and a conviction for a provincial offence does not result in a criminal record.

Penalties for Hit and Run (Canada Criminal Code)

If you’re convicted for hit and run crime, you’ll be liable to:

Fines: minimum fine of $1,000 for a summary conviction; amounts can increase depending on the case.
Licence suspension: Ranges from 1 year to up to 10 years, based on the severity and prior record.
Imprisonment: Up to 2 years less a day for summary conviction offences; up to 10 years for indictable offences involving bodily harm or death.
Criminal record: A conviction leads to a permanent criminal record, impacting employment, travel, and insurance rates.

In all cases, a judge will assess the facts of the allegation and the track record of the accused person.

There are also other types of hit and run criminal offenses that involve more serious consequences.

Hit and Run Resulting in Bodily Harm: Penalties Under the Criminal Code

As mentioned, failure to stop at the scene of an accident causing bodily harm is a severe offence under the Criminal Code of Canada. This charge can be prosecuted as:

Indictable offence: Maximum penalty of up to 14 years imprisonment.
Summary conviction: Maximum penalty of $5,000 fine or up to two years less a day in prison.

Mandatory minimums apply in both cases:

1st offence: minimum $1,000 fine.
2nd offence: minimum 30 days in jail.
Subsequent offences: minimum 120 days in jail.
Licence suspension: typically ranges from 1 to 10 years, depending on the case details and prior driving history.
Criminal record (for life), which can impact employment, travel, and insurance.

Penalty for Hit and Run Causing Death (Under the Criminal Code)

Hit and run causing death charges in Ontario are one of the most serious offences under the Criminal Code of Canada.

Every person who commits an offence under 320.16(3) of the Criminal Code of Canada is guilty of an indictable offence if:

the person knows that the accident led to the death of another person; OR
the person knows that the accident led to the bodily harm of another person and is reckless as to whether the death of the other person results from that bodily injury, and the death of that person so results.

Penalties for Hit and Run Resulting in Death:

Maximum penalty of life imprisonment.
Mandatory minimums apply:
- 1st offence: minimum $1,000 fine.
- 2nd offence: minimum 30 days in jail.
- Subsequent offences: minimum 120 days in jail.
Licence suspension: Typically ranges from 1 to 10 years, depending on case details and prior driving history.
Criminal record: A conviction leads to a permanent criminal record, severely impacting employment, travel, and insurance.

How to Fight Hit and Run Criminal Charges in Ontario

If you’re facing hit-and-run charges in Ontario, hiring a criminal lawyer is essential. Hit and run criminal offences carry severe consequences, including up to life imprisonment in the most serious cases. A skilled fail-to-stop lawyer can negotiate with the court to potentially reduce or dismiss charges, using their expertise to challenge evidence and weaken the prosecution’s case.

To secure a conviction for hit-and-run, the prosecution must prove beyond a reasonable doubt that:

the accused operated a vehicle;
the vehicle was involved in an accident with another person or vehicle;
the accused knew or was reckless as to whether the vehicle had been involved in an accident;
the accused failed to do the following: stop the vehicle, provide his/her name & address, and offer assistance (if necessary).

Common Defences for Fail to Remain (Criminal Code Canada)

An experienced lawyer understands all the abovementioned elements in detail and can prepare a defence strategy that questions each one. Here are common defence approaches that a lawyer might use to fight Criminal Code hit and run charges:

Lack of knowledge of the accident: Sometimes, drivers genuinely don’t realize they were involved in an accident, especially in minor incidents or low-visibility situations. The defence can argue that the accused had no knowledge of the collision, which can be a strong angle in such cases.
Emergency situation: If the driver left the scene because of a medical or immediate safety emergency, this might justify their actions. Here, the defence needs to show that leaving was essential to prevent further harm.
Disputing driver identity: In some cases, it’s not clear who was actually driving the vehicle involved in the hit-and-run. The defence can use this to create doubt, challenging whether the accused was really behind the wheel.
Good faith mistake: Sometimes, a driver believes they’ve fulfilled their duty by reporting the accident later or by giving their information to another party. If the defence can show that the accused acted in good faith, this can help mitigate the charge.
Procedural errors or rights violations: Law enforcement must follow specific procedures and respect the accused’s rights. If there were any procedural mistakes, such as improper questioning or denial of legal representation, this could strengthen the defence.
Negotiating for reduced charges: In some cases, a lawyer can negotiate with the prosecution to reduce the charges. For instance, if no serious injuries occurred, a hit-and-run charge might be reduced to “failure to report accident Ontario”, which carries less severe consequences.

Hiring X-COPS ensures you receive the highest level of professionalism, expertise, and confidentiality. You’ll be connected with a lawyer who has extensive experience in fighting criminal charges, with deep knowledge of both traffic and criminal laws.

At X-COPS, our professionals are trained to win and achieve the best possible outcomes. We know how to negotiate and advocate in court, working to reduce or completely withdraw charges whenever possible.

What X-COPS Provides:

Legal support at all stages of your case
Development of a custom defence strategy tailored to your situation
Full representation in court and at trials
Comprehensive trial preparation (if applicable)
Management of all paperwork associated with your case

We also offer free initial consultations with no obligations, ensuring confidentiality at every step. Contact X-COPS today for a confidential consultation and let us help you handle your hit and run criminal charges.

Fail to Remain – Criminal Code