What Is Dangerous Operation?
Dangerous Operation is charged under section 320.13(1) of the Criminal Code of Canada. While often used interchangeably with “Dangerous Driving,” this offence is written broadly to cover the operation of any conveyance - not just cars, but also motorcycles, boats, snowmobiles, ATVs, aircraft, and railway equipment in a manner that is dangerous to the public.
The Crown must show that the manner of operation was a marked departure from what a reasonably prudent operator would do in the circumstances, considering things like:
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Weather and road/water conditions
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The location (residential area, highway, waterway, etc.)
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Traffic or pedestrian volume
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Known hazards at the time
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This can include incidents involving boats, off-road vehicles, or other conveyances that don’t fit neatly into a typical “driving” case, as well as motor vehicle incidents. Dangerous Operation is a hybrid offence, allowing Vertex Legal Solutions PC to represent clients when the Crown proceeds by summary conviction.
Potential Consequences
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Criminal record
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Operating prohibition which can extend beyond motor vehicles depending on the conveyance involved
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Fines
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Jail time - up to 2 years less a day on summary conviction
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Probation
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Increased insurance costs, where applicable
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No demerit points as a Criminal Code offence, this does not carry demerit points, which are reserved for Highway Traffic Act convictions. The prohibition and criminal record carry the real weight here.
The consequences are more severe if the operation caused bodily harm or death, which are prosecuted separately and are not summary conviction matters.
How Vertex Legal Solutions PC Can Help
Dangerous Operation charges especially those involving boats, off-road vehicles, or unusual circumstances often turn on technical and factual details that aren’t always well understood by the general public or, frankly, always well investigated by police.
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Assessing whether the conduct truly meets the “marked departure” legal standard
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Reviewing witness accounts, physical evidence, and any available video or GPS/tracking data
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Identifying procedural or Charter issues in how the investigation was conducted
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Negotiating with the Crown toward reduced charges or alternative resolutions where appropriate
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Representing you in court on this charge when it proceeds summarily
If you’ve been charged with Dangerous Operation of any kind of conveyance, reach out to Vertex Legal Solutions PC to talk through your options.
Vertex Legal Solutions is licensed by the Law Society of Ontario. General information, not legal advice.