Hit and Run

Hit and run is the generic term used to describe someone who flees after knowingly being involved in an accident. The Criminal Code offence of leaving the scene of an accident, covered in Part VIII of Offences Against the Person and Reputation, and is not limited to automobile accidents. The charge includes any motorized vehicle or conveyance such as a boat or aircraft. According to the Code, anyone operating a conveyance involved in an accident "who fails, without reasonable excuse, to stop ... give their name and address and, if any person has been injured or appears to require assistance, offer assistance" is guilty of the offence. 

The accident can involve another vehicle, a pedestrian or a cyclist. Depending on the seriousness of the accident, police may decide to charge you under provincial or territorial legislation, which have less severe penalties than those found in the Code.

Essential to the Crown prosecutor’s case is proving that you were the person operating the vehicle that was involved in the accident. As well, the Crown must establish you deliberately attempted to escape criminal punishment or financial costs. Witnesses may be called to give evidence so you may be able to argue that your version of the events was more accurate. You may be able to establish that you left the scene to obtain help and not evade responsibility. As well, your lawyer may be able to prove that your rights under the Canadian Charter of Rights and Freedoms were breached during the investigation by police.

Failing to remain at the scene of an accident is considered a hybrid offenceAn offence the Crown can proceed with summarily or by indictment. under the Criminal Code, and allows the Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. to proceed with the charge as an indictable offenceA more serious type of Canadian criminal offence. or by summary convictionUsed for lesser offences unless a death occurred. In that circumstance your case will be tried as an indictable offence. You will face less severe penalties if the Crown prosecutes the charge as a summary conviction.

The punishment you face will be determined on how you are charged and the severity of the incident. If you are charged with failing to stop or remain at the scene of an accident under provincial legislation, you could be fined up to $2,000, or face a maximum of six months in jail or both, depending on the jurisdiction. You may be assessed demerit pointsPoints added to a driver’s record for committing infractions on your licence and face a driving suspension. You should consult legislation in your province or territory for penalties.

Under the Criminal Code, the penalty depends on whether anyone was hurt. For a basic failure to stop or remain where no one was hurt, the maximum penalty is 10 years in prison if the Crown proceeds by indictment, or two years less a day in jail and/or a $5,000 fine if it proceeds by summary conviction. There is no mandatory minimum sentence at this level.

If the accident caused bodily harm, the maximum penalty is 14 years in prison if the Crown proceeds by indictment, or two years less a day in jail and/or a $5,000 fine if it proceeds by summary conviction. At this level, mandatory minimums apply: a $1,000 fine for a first offence, 30 days in jail for a second offence, and 120 days in jail for each later offence.

If the accident caused someone's death, the offence is indictable only. The maximum penalty is life in prison. The same mandatory minimums apply: a $1,000 fine for a first offence, 30 days in jail for a second offence, and 120 days in jail for each later offence.

Whether convicted federally or provincially, you should also expect your insurance rates to increase. If you are convicted under the Code, you will also have a criminal record.