The Criminal Code of Canada makes it a criminal offence to drive or operate a motor vehicle in a manner that is dangerous to the public. A conviction for dangerous driving affects your ability to drive any type of vehicle with an engine anywhere in Canada, including machinery on private property.
To determine if the driving is dangerous, the Criminal Code states that the court must consider all of the circumstances of the actions of the accused, such as;
- the nature, conditions and the use of the place
- the amount of traffic that is or might be expected to be present
- was there a danger to the public,
- who either were present or, who might have been present, including for example a passenger in the car.
- the court also has to consider the mental element of the charge, did the driver plan on doing the act.
- that there be some proof of an intention to operate a motor vehicle in away which would be a departure from the standard care that a normal driver would be expected to act.
The offence of must be committed involving a motor vehicle as described in the Criminal Code of Canada, which is any vehicle that is pushed, pulled or driven by an engine of any sort anywhere, including private property.