QUICK TAKEAWAY
Hit and Run is thought to be one of the earliest traffic violations following the invention of the automobile. Many cars at that time did not have license plates and drove on unpaved roads, allowing offenders to flee undetected in a cloud of dust. In Canada the offence of hit and run is formally known as failure to stop at the scene of an accident and covered under s.320.16 (1) of Criminal Code of Canada. Provinces and territories also have their own legislation and the offence is commonly known as failure to remain or stop following an accident. Generally speaking, provincial legislation covers offences such as hitting a car in a parking lot and failing to report it or leave a note and can result in a traffic violation and fine. Criminal Code charges are much more serious and you could be fined or jailed for life if the accident results in a death.
Table of Contents:
What is 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.
What is Needed to Convict
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.
Treated as a Summary Conviction or Indictable Offence
Failing to remain at the scene of an accident is considered a hybrid offenceAn offence prosecuted either as a summary conviction or as an indictable offence under the Criminal Code, and allows the Crown prosecutorLawyers who prosecutes charges on behalf of the Crown to proceed with the charge as an indictable offenceIndictable offences are more-serious criminal offences 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.
Penalties for Hit and Run
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, if you have been convicted of failing to stop after an accident you face a maximum prison term of 10 years if the Crown proceeds by indictment. If you have been found guilty by summary conviction you could be jailed for up to two years less a day.
If someone was hurt as result of your actions, you could face a maximum prison term of 14 years if found guilty of an indictable offence or two years less a day if the Crown proceeds by summary conviction. You could also face a fine of $1,000 for a first offence. If you fail to remain at the scene of an accident where someone dies you could face life imprisonment.
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.
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Martens Lingard Llp
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Glossary of Legal Terms
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
Demerit points
Demerit points are given to drivers if they are convicted of breaking the law while driving. Once they reach a certain level, drivers can temporarily lose their driver’s licence.
Hybrid offence
Hybrid offences fall between a summary and an indictable offence. The Crown prosecutor chooses whether to treat the offence as a summary or indictable offence.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Summary conviction
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
