A 29-year-old man faces 18 charges, including impaired driving and dangerous driving causing death, after three siblings and their grandfather died in a horrific crash north of Toronto on Sunday afternoon...
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Section 253 states, "Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not, (a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or (b) having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood."
Section s. 254..."(5) Everyone commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made under this section." Under this section, the relevant issues are whether a proper demand was given and that you understood; whether there was a failure to provide the sample; and, you intended not to provide a sample. There must be no reasonable excuse for not providing the breath sample. Penalty is $1,000 fine for first offence; 30 days jail for second; 120 days for third
Section 249(1) states, "Every one commits an offence who operates (a) a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the 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 that place". This is a hybrid offence, where the Crown can proceed by Summary or Indictable. Maximum penalty on a Summary charge is $5000 Fine or 6 months imprisonment; on an Indictable charge it is life imprisonment.
Section 270(1) outlines that "Every one commits an offence who (a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer; (b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or (c) assaults a person (i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or (ii) with intent to rescue anything taken under lawful process, distress or seizure".
Section s.259 states "...Operation while disqualified (4) Every offender who operates a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from doing so, other than an offender who is registered in an alcohol ignition interlock device program established under the law of the province in which the offender resides and who complies with the conditions of the program."
Section 249.1 (1) outlines "Every one commits an offence who, operating a motor vehicle while being pursued by a peace officer operating a motor vehicle, fails, without reasonable excuse and in order to evade the peace officer, to stop the vehicle as soon as is reasonable in the circumstances."
Section 249(3) states that, "Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years." This is a straight Indictable offence and carries a maximum punishment of 10 years jail.
Section 253(1)(a) is the underlying offence. Section 255(3) of the Criminal Code makes it is a straight Indictable offence and carries a maximum penalty of life imprisonment.