Is dangerous driving a criminal offence that can lead to both prison and civil liability?

What the Law Says

Dangerous driving is defined and prohibited under the federal Criminal Code, making it a criminal offence prosecuted by the Crown. Conviction can lead to serious penalties, including imprisonment, and does not prevent victims from pursuing civil lawsuits for compensation.

Section 249 of the Criminal Code makes it illegal to operate a motor vehicle 'in a manner that is dangerous to the public.' This applies regardless of whether anyone was actually injured — the focus is on the risk created by the driver’s conduct.

The offence can be prosecuted either by indictment or summarily. If prosecuted by indictment, the maximum penalty is 14 years’ imprisonment. If prosecuted summarily, the maximum is imprisonment for two years less a day, plus fines and driving prohibitions.

A conviction does not bar civil liability: victims (or their families) may separately sue the driver in provincial courts for damages — such as medical costs, lost income, or pain and suffering — under tort law.

Statutory Text

Every person commits an offence who operates a motor vehicle in a manner that is dangerous to the public.

— Criminal Code, s. 249 — Dangerous operation of motor vehicle

What to Do

Sources