VOLUME 1 CONTENTS VOLUME 1. Introduction CHAPTER 1 The Offence of Criminal Negligence Sections 219, 220, 221, 255.1, 249.2, 249.

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1 VOLUME 1 CONTENTS VOLUME 1 Preface... iii A Note Regarding Case Citations... STC-i Table of Cases... TC-1 Table of Concordance...C-1 Bill C-104 excerpts (S.C. 2000, c. 10)...FL-1 Bill C-46 (S.C. 2001, c. 37)... FL-25 Bill C-19 (S.C. 2006, c. 14)... FL-27 Bill C-2 (S.C. 2008, c. 6)... FL-33 Bill C-31 (First Reading)... FL-37 Bill C-42 (First Reading)... FL-51 Discussion Paper Modernizing the Transportation Provisions of the Criminal Code... FL-55 Introduction... 1 CHAPTER 1 The Offence of Criminal Negligence Sections 219, 220, 221, 255.1, 249.2, Criminal Code, ss. 2 street racing, 219, 220, 221, 249.2, 249.3, 255.1, 259(3.2)-(3.4) The effect of the Criminal Law Amendment Act, 1985 and subsequent amendments Road Traffic Act, 1988 (U.K.) The wording of the information The ingredients of the offence In doing anything, or in omitting to do anything That it is his duty to do Shows wanton or reckless disregard For the lives or safety of other persons Mens rea Examples and sample issues (a) intoxication and impairment (b) mental and physical condition (c) speeding and erratic driving (i) speed alone (ii) racing (iii) police and other chases (iv) using a vehicle as a weapon (v) erratic driving v (Driving Offences)(2014 Rel. 8)

2 DRIVING OFFENCES (A) Erratic driving generally (B) Driving on the wrong side of the road (C) Unsafe passes and improper lookout (D) Zigzagging (E) Fooling around or showing off (d) defects and malfunctions (e) emergencies (f) res gestae (g) similar acts (h) circumstantial evidence and proof of identity (i) parties (j) other The effect of the Canadian Charter of Rights and Freedoms By criminal negligence causes bodily harm to another person By criminal negligence causes death to another person The delict Included offences, ss , 259(2), 662(5) Sentencing (a) criminal negligence causing death Code s (b) criminal negligence causing bodily harm Code s Criminal negligence causing death while street racing Code s (a) prosecution (b) sentencing Criminal negligence causing bodily harm while street racing Code s (a) prosecution (b) sentencing CHAPTER 2 The Offence of Dangerous Operation (Driving) Sections 249, 249.4, 255.1, 259(2), (3.1)-(3.4), 662(5) 2.1 Criminal Code, ss. 2 street racing, 249, 249.1, 249.4, The effect of the Criminal Law Amendment Act, 1985 and S.C. 1994, c. 44 and subsequent amendments Road Traffic Act, 1988 (U.K.) The wording of the information The ingredients of the offence operates (drives) a motor vehicle at a place in a manner that is dangerous to the public vi

3 VOLUME 1 CONTENTS 2.10 Having regard to all the circumstances, including the nature, condition and use of such 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 such place Mens rea (a) pre-hundal (b) R. v. Hundal (c) post-hundal (c.1) R. v. Beatty (c.2) post-r. v. Beatty (c.3) R. v. Roy (2) (d) contributory negligence Miscellaneous issues (a) intoxication and impairment (b) mental and physical condition (c) speeding and erratic driving (i) speed alone (ii) speed combined with alcohol consumption and unsafe manoeuvres (iii) racing (iv) police and other chases (v) using a vehicle as a weapon (1) (vi) erratic driving (6) (A) improper look-out (6) (B) unsafe passes or turns (C) driving through red lights or stop signs (D) tailgating or following too closely (E) weaving, zigzagging and fishtailing (F) driving on the wrong side of the road (G) fooling around or showing off (H) interfering with the steering wheel (d) defects and malfunctions (e) emergencies (f) similar acts (g) circumstantial evidence and proof of identity (h) parties The effect of the Canadian Bill of Rights on s The effect of the Canadian Charter of Rights and Freedoms on s And thereby causes bodily harm to any other person And thereby causes the death of any other person The delict Included offences Sentencing vii (Driving Offences)(2014 Rel. 8)

4 DRIVING OFFENCES (a) dangerous driving (b) dangerous driving causing death (c) dangerous driving causing bodily harm (d) forfeiture of vehicle (e) stay pending sentence appeal (f) designation as serious violent offence under Youth Criminal Justice Act Flight (s ) (a) prosecution (b) sentencing Dangerous driving (operation) while street racing (a) prosecution (b) sentencing VOLUME 2 CHAPTER 3 The Offence of Failing to Remain Section Criminal Code, s Road Traffic Act, 1988 (U.K.) Introduction The wording of the information The ingredients of the offence Has the care, charge or control (a) general (b) may a passenger be convicted? Of a vehicle That is involved in an accident With (a) another person (b) in the case of a vehicle, cattle in the charge of another person With intent to escape criminal or civil liability Fails to stop his vehicle [Fails to] give his name and address And, where any person has been injured or appears to require assistance, [fails to] offer assistance Presumption of intent to escape liability In the absence of evidence to the contrary (a) general (b) specific examples (i) drunkenness (ii) lack of knowledge of accident (1) (iii) notoriety (iv) mental condition (v) intent to escape for another reason viii

5 VOLUME 1 CONTENTS (vi) complainant s evidence Necessity of voir dire The effect of the Canadian Charter of Rights and Freedoms on s The delict Included offences (1) Other issues (2) 3.20 Sentencing CHAPTER 4 Criminal Code Prohibition Orders Sections 259(1), (2); 260(1), (2), (3) 4.1 Introduction Criminal Code, ss. 259(1). (1.1), (1.2), (2), (3.1)-(3.4), 260(1), (2), (3), Road Traffic Offenders Act, 1988 (U.K.) Mandatory orders of prohibition (s. 259(1)) (a) an offence committed under s and at the time the offence was committed... was operating or had the care or control of a motor vehicle (b) in the case of an offence committed under section 254, within the three hours preceding that time, was operating or had the care or control of a motor vehicle (c) in addition to any other punishment that may be imposed (d) shall... make an order prohibiting the offender from operating a motor vehicle... or vessel or an aircraft (e) motor vehicle (f) on any street, roadway, highway or other public place (g) second or subsequent offenders (s. 259(1)(b), (c)) (i) notification of increased penalty (A) statutory provisions (B) verbal or written notice (C) to whom must notice be given (D) when must notification be made (E) proof of service (F) adjournments to prove service (G) sufficiency of notice (ii) Crown s right to prove previous convictions in ordinary way apart from s. 727 (former s. 665) (h) not more than three years (i) length of prohibition Ignition interlock (s. 259(1.1)) ix (Driving Offences)(2014 Rel. 8)

6 DRIVING OFFENCES 4.5 Discretionary order of prohibition (s. 259(2)) (a) an offence under section 220, 221, 236, 249, 249.1, 250, 251 or 252, subsection 255(2) or (3) or this section committed by means of a motor vehicle (b) length of prohibition Proceedings on making a prohibition order (s. 260(1), (2), (3)) Effect of the Charter of Rights and Freedoms CHAPTER 5 Driving While Disqualified Sections 259(4), (5), 260(4), (5), (6), (7), Criminal Code, ss. 259(4), (5), 260(4), (5), (6), (7), Road Traffic Act, 1988 (U.K.) Introduction The wording of the information The ingredients of the offence Operates A motor vehicle In Canada Mens rea Driving while disqualified during a prohibition from operating a motor vehicle... pursuant to subsection (1) or (2) (s. 259(5)(a)) (a) general (b) proving the prohibition Driving while disqualified during a disqualification or any other form of legal restriction of the right or privilege to operate a motor vehicle... imposed... in the case of a motor vehicle under the law of the province... in respect of a conviction or discharge under section of any offence referred to in subsection (1) or (2) (s. 259(5)(b)) In the absence of evidence to the contrary... after five days following the mailing of the notice, be deemed to have received the notice and to have knowledge of the disqualification, of the date of its commencement and of its duration (s. 260(4)) Certificate of the registrar (s. 260(5)) (a) reasonable particularity (b) signature of official character of the person by whom it purports to be signed (c) the certificate as proof of identity Unless at least seven days notice in writing is given to the accused that it is intended to tender the certificate in evidence (s. 260(6)) (a) when must service be made in relation to the trial date? x

7 VOLUME 1 CONTENTS (b) is the Crown precluded from using a certificate on a trial de novo when it was not used in the court below? (c) can notice be served before the information is sworn? (d) need for a copy of the certificate to be served (e) accused s understanding of the notice (f) on whom may service be made? (g) proof that service be made? (h) section 40 of the Canada Evidence Act Registrar of motor vehicles (s. 260(7)) Stay of order pending appeal (s. 261) The delict Effect of Charter of Rights and Freedoms Sentencing APPENDICES A. Contents to appendices... A-1 Provincial automatic suspension legislation... A-2 B. Sample prohibition order... B-1 C. Sample notice of suspension or driver s licence... C-1 D. Sample certificate of the Registrar... D-1 WORDS AND PHRASES... WP-i INDEX...I-1 xi (Driving Offences)(2014 Rel. 8)