dangerous-driving

Dangerous Driving Charges in Toronto and Ontario

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Dangerous driving, formally dangerous operation of a conveyance, is a criminal offence under section 320.13(1) of the Criminal Code. Unlike a speeding ticket or careless driving charge under Ontario's Highway Traffic Act, dangerous driving is a crime that produces a criminal record. The central battleground in these cases is the legal standard: the Crown must prove not just bad driving, but driving that was a marked departure from what a reasonably prudent driver would have done, and the Supreme Court of Canada has repeatedly held that momentary lapses and ordinary carelessness do not meet that bar.

What is dangerous driving under Canadian law?

Section 320.13(1) makes it an offence to operate a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public. The circumstances include the nature, condition, and use of the place where the driving happened and the amount of traffic that was or might reasonably be expected to be there. Actual harm is not required; driving can be dangerous with no collision at all, and a collision does not by itself make driving dangerous.

The offence has two components the Crown must prove beyond a reasonable doubt:

  • A dangerous manner of driving, assessed objectively against the circumstances rather than by the outcome.
  • A marked departure from the standard of care of a reasonable driver in the same circumstances. Civil negligence, a momentary lapse of attention, or a simple misjudgment is not enough; the driving must depart markedly from the norm, a line drawn by the Supreme Court in cases such as R v Beatty and R v Roy.

Where the driving causes bodily harm or death, the Crown lays the aggravated forms of the charge, including dangerous driving causing death, which carry far higher penalties.

Penalties for dangerous driving in Ontario

Dangerous operation is a hybrid offence. If the Crown proceeds by indictment, the maximum penalty is 10 years in prison; on summary conviction, the maximum is 2 years less a day. Where bodily harm results, the maximum rises to 14 years, and where death results, to life imprisonment. There is no mandatory minimum for the basic offence, and outcomes for a first offence without injury range from a discharge or fine through probation, with jail reserved for the most serious driving patterns.

The licence consequences run alongside the sentence. The court may impose a Criminal Code driving prohibition and commonly does. A conviction also triggers an Ontario licence suspension under the Highway Traffic Act, generally 1 year for a first conviction, plus the insurance consequences of a criminal driving record, which are often the most expensive part. Dangerous driving is different from stunt driving, which is a provincial offence under the Highway Traffic Act with its own roadside suspension and impoundment regime; the two can arise from the same incident.

Possible defences to a dangerous driving charge

Depending on the evidence, defences may include:

  • The marked departure standard: establishing that the driving, viewed in context, amounted at most to carelessness or a momentary lapse, which is not criminal.
  • Explanation for the driving: a sudden and unexpected medical event, an unforeseeable mechanical failure, or an emergency response to another driver's conduct can negate the fault element.
  • Identity and proof of the driving pattern: reconstruction disputes, unreliable estimates of speed, and gaps between what witnesses assume and what the physical evidence shows.
  • Causation, in bodily harm and death cases: whether the dangerous driving, as opposed to some other factor, caused the outcome.
  • Charter issues and delay, including statements taken from the driver in breach of the right to counsel and unreasonable delay under section 11(b) and the Jordan framework.

Frequently asked questions

Is dangerous driving a criminal offence?

Yes. Dangerous driving is a crime under the Criminal Code, unlike careless driving and stunt driving, which are provincial offences under Ontario's Highway Traffic Act. A conviction creates a criminal record.

What is the difference between careless driving and dangerous driving?

Careless driving is a provincial charge for driving without due care and attention. Dangerous driving is a criminal charge requiring a marked departure from the standard of a reasonable driver. The gap between the two standards is where many dangerous driving cases are won.

Does an accident mean the driving was dangerous?

No. Courts assess the manner of driving, not the consequences. A collision, even a serious one, can result from a momentary lapse that does not meet the criminal standard.

Will I go to jail for dangerous driving?

For a first offence with no injuries, jail is uncommon in Ontario; fines, probation, and discharges are all available. Jail becomes realistic where the driving pattern is extreme or where bodily harm or death results. Outcomes depend on the evidence in each case.

Will I lose my licence for dangerous driving?

A conviction generally brings an Ontario licence suspension of at least 1 year for a first offence, and the court may add a Criminal Code driving prohibition. Insurance consequences follow any conviction.

Can a dangerous driving charge be reduced to careless driving?

In appropriate cases, dangerous driving charges resolve as careless driving under the Highway Traffic Act, which avoids a criminal record. Whether that resolution is available depends on the driving alleged, the harm caused, and the strength of the Crown's evidence.

Charged with dangerous driving? Contact us

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Sewrattan Criminal Lawyers defends dangerous driving and other driving charges across Toronto and Ontario. Contact us for a consultation: 416-583-1510 ext. 2. Related pages: Dangerous Driving Causing Death and Impaired Driving.

Practice Areas - 12/04/2015
theft

Theft Charges in Toronto and Ontario

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Theft is defined in section 322 of the Criminal Code and divided by section 334 into two charges: theft over $5,000 and theft under $5,000. The definition is more demanding than most people expect. Taking something is not theft unless it was done fraudulently, without colour of right, and with intent to deprive the owner. Those words carry real defences, because honest mistakes, genuine ownership disputes, and absent-minded conduct are not crimes.

What is theft under Canadian law?

The Crown must prove beyond a reasonable doubt that the accused:

  • Took or converted property: physically taking it or dealing with it as if it were their own, which is how employee and trustee cases arise.
  • Acted fraudulently and without colour of right: dishonestly, and without an honest belief in a legal entitlement to the property. A genuine, even mistaken, belief in a right to take the property is a defence.
  • Intended to deprive the owner: temporarily or absolutely. Intending to return the property later does not automatically defeat the charge, but the intent at the moment of taking is what matters.

Theft sits in a family of property offences. Retail cases are dealt with on our shoplifting page, cases about goods someone else stole on our possessing stolen property page, and deception-based cases on our fraud page. The dividing line between theft and fraud is the method: theft is taking; fraud is obtaining by deceit.

Penalties for theft in Ontario

Theft under $5,000 is a hybrid offence with a maximum of 2 years in prison if the Crown proceeds by indictment, or 2 years less a day on summary conviction. Theft over $5,000 carries a maximum of 10 years where the Crown proceeds by indictment, and the Crown can also elect to proceed summarily. There are no mandatory minimums for theft.

Actual outcomes in Ontario depend far more on context than on the maximums. First-time allegations involving modest values are routinely resolved through diversion, withdrawal with a charitable donation or counselling, peace bonds, or discharges. At the other end, thefts in breach of trust, such as an employee stealing from an employer, are treated as seriously aggravated under section 718.2 of the Criminal Code, and significant or repeated thefts attract jail. From July 15, 2026, organized retail theft is also a statutory aggravating factor at sentencing. Restitution is often central to resolution, and a restitution order can accompany any sentence.

Possible defences to a theft charge

Depending on the evidence, defences may include:

  • Colour of right: an honest belief in a legal entitlement to the property, common in disputes between former partners, roommates, business associates, and landlords and tenants.
  • No intent to deprive: absent-mindedness, misunderstanding, or an intention to borrow with genuine authority to do so.
  • Ownership and authority disputes: property that was jointly owned, gifted, or subject to an agreement.
  • Identity and continuity: whether the Crown can prove who took the property and that the recovered property is what was taken.
  • Value: the over and under $5,000 line changes the charge and the realistic outcomes, and valuation evidence can be contested.
  • Charter issues, including unreasonable searches and statements taken in breach of the right to counsel.

Frequently asked questions

What is the difference between theft over and theft under $5,000?

The value of what was allegedly taken. Theft under $5,000 carries lower maximum penalties and is more often resolved through diversion; theft over $5,000 carries a 10-year maximum by indictment and is treated more seriously.

Will a theft charge give me a criminal record?

Only a conviction creates a criminal record. Many first-time theft matters in Ontario resolve through diversion, withdrawal, or a discharge, none of which is a conviction, although records of the charge itself exist and can matter for some purposes.

What is theft diversion?

A program in which the Crown withdraws the charge after the accused completes steps such as counselling, community service, or a charitable donation. Eligibility depends on the value taken, the circumstances, and the accused's history.

Is taking something I intended to return still theft?

It can be. The offence includes an intent to deprive the owner temporarily. That said, intent is assessed on all the evidence, and a genuine borrowing arrangement or honest belief in permission is a defence.

Why is employee theft treated more seriously?

Because theft in breach of trust is a statutory aggravating factor at sentencing. Courts treat the abuse of an employer's trust as significantly more serious than an equivalent theft from a stranger.

Can a theft charge be dropped if I pay the money back?

Repayment does not automatically end a prosecution, but restitution matters. It supports diversion, strengthens resolution discussions, and reduces sentence if the case ends in a finding of guilt.

Charged with theft? Contact us

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Sewrattan Criminal Lawyers defends theft and property charges across Toronto and Ontario. Contact us for a consultation: 416-583-1510 ext. 2. Related pages: Shoplifting, Possessing Stolen Property, and Fraud.

Practice Areas - 12/04/2015
refuse

Refusing a Breath Sample Charges in Toronto and Ontario

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Refusing or failing to provide a breath sample is a criminal offence under section 320.15(1) of the Criminal Code, and it is punished at least as harshly as a high blood alcohol reading: the mandatory minimum fine for a first offence is $2,000, double the minimum for impaired driving. The charge does not require any proof that you were impaired. What it does require is a lawful demand and a true refusal, and those two requirements are where most refusal cases in Ontario are fought.

What is refusing a breath sample under Canadian law?

Section 320.15(1) makes it an offence to fail or refuse to comply, without a reasonable excuse, with a lawful demand made under the driving provisions of the Criminal Code. The demand can take several forms:

  • A roadside breath demand into an approved screening device. Since 2018, section 320.27(2) allows police with an approved device on hand to demand a roadside sample from any lawfully stopped driver, even without suspicion of alcohol.
  • An evidentiary breath demand at the station into an approved instrument, which requires reasonable grounds to believe an offence was committed.
  • Demands for sobriety testing, a drug recognition evaluation, or blood samples in the appropriate circumstances.

To convict, the Crown must prove the demand was lawful, that the accused understood it, and that the accused intentionally failed or refused to comply. A refusal can be express ("I am not blowing") or inferred from conduct, such as repeated failed attempts the court finds were deliberate. The accused may raise a reasonable excuse, such as a genuine medical inability to provide a sample.

Penalties for refusing a breath sample in Ontario

  • First offence: a mandatory minimum fine of $2,000 and a driving prohibition of 1 to 3 years.
  • Second offence: a mandatory minimum of 30 days in jail. Third or subsequent: a mandatory minimum of 120 days.
  • Maximum penalty: 10 years by indictment, or 2 years less a day on summary conviction.

The Ontario consequences mirror the other drinking and driving offences: an immediate 90-day administrative licence suspension and 7-day vehicle impoundment that take effect at the roadside on the refusal itself, a $550 administrative penalty, and on conviction a Highway Traffic Act suspension (generally 1 year for a first offence), the Back on Track program, ignition interlock, and insurance consequences. Refusal convictions are eligible for Ontario's Reduced Suspension with Ignition Interlock Conduct Review Program, whose best stream requires a guilty plea and sentence within 90 days of the offence date.

Possible defences to a refusal charge

Depending on the evidence, defences may include:

  • An unlawful demand: a mandatory roadside demand made when the officer did not actually have the screening device with them, an evidentiary demand made without reasonable grounds, or a demand made outside the timing limits the law imposes. If the demand was not lawful, there is no offence in refusing it.
  • Reasonable excuse: a genuine medical condition, such as a respiratory problem, that prevented providing a suitable sample, or other circumstances the law recognizes.
  • No true refusal: honest but unsuccessful attempts to blow, confusing or inadequate instructions from the officer, or equipment problems being mistaken for non-compliance.
  • Ambiguity and change of mind: what was said and when matters, and the law around a prompt change of heart is fact-specific.
  • Charter issues: an unlawful stop or detention under section 9, a search issue under section 8, or a violation of the right to counsel under section 10(b) in connection with the station demand.
  • Delay: unreasonable delay under section 11(b) of the Charter and the Jordan framework.

Frequently asked questions

Is refusing the breathalyzer better than blowing over?

No. Refusal carries a higher mandatory minimum fine ($2,000) than a basic over 80 conviction and all of the same licence and insurance consequences in Ontario. Refusing does not avoid a criminal charge; it usually becomes the charge.

Can police demand a breath sample without any reason?

At the roadside, yes, in one specific sense: since 2018, an officer with an approved screening device can demand a sample from any lawfully stopped driver without suspicion of drinking. The station breath demand is different and requires reasonable grounds to believe an offence occurred.

What counts as a refusal?

A clear verbal refusal counts, but so can conduct: walking away, stalling, or repeated attempts the court finds were deliberately inadequate. Whether failed attempts were genuine or fake is often the central issue at trial.

What if I could not blow for medical reasons?

A genuine medical inability to provide a suitable sample can amount to a reasonable excuse, which is a defence to the charge. Medical records and expert evidence often matter, and the issue is assessed on the facts of each case.

Will I go to jail for a first refusal offence?

Generally no. A first conviction carries the $2,000 mandatory minimum fine rather than mandatory jail, although jail is available where there are aggravating circumstances. Repeat convictions carry mandatory jail.

Can a refusal charge be beaten?

Many refusal charges in Ontario are successfully defended, most often by challenging the lawfulness of the demand, the fairness of the process, or whether there was a true refusal at all. Outcomes depend on the specific evidence, including any video of the interaction.

Charged with refusing a breath sample? Contact us

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Sewrattan Criminal Lawyers defends refusal and failure to provide charges across Toronto and Ontario. Contact us for a consultation: 416-583-1510 ext. 2. Related pages: Impaired Driving and Driving Over 80.

Practice Areas - 12/04/2015
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Driving Over 80 Charges in Toronto and Ontario

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Driving over 80, formally operating a conveyance with a blood alcohol concentration at or over 80 mg of alcohol in 100 mL of blood, is a criminal offence under section 320.14(1)(b) of the Criminal Code. Unlike impaired driving, the Crown does not need to prove your driving was affected: the offence is the reading itself. The case therefore usually rises or falls on the reliability of the breath testing and the lawfulness of the police investigation, and many over 80 charges in Ontario are successfully defended on exactly those grounds.

What is driving over 80 under Canadian law?

Section 320.14(1)(b) makes it an offence to have a blood alcohol concentration at or over 80 mg per 100 mL within two hours of ceasing to operate a conveyance (the Criminal Code's umbrella term for motor vehicles, vessels, and aircraft). The "within two hours" wording, added in 2018, was designed to close off arguments about drinking just before driving. There is a narrow statutory exception where a person drank after driving, had no reason to expect a breath demand, and their concentration is consistent with having been under 80 while driving.

To prove the offence, the Crown relies on breath samples taken on an approved instrument (in Ontario, typically an Intoxilyzer operated by a qualified technician at the station) or, less commonly, blood analysis. The Criminal Code gives those breath readings powerful evidentiary status, but only if the statutory testing conditions in section 320.31(1) were met, including proper system checks and a minimum interval of at least 15 minutes between the two samples.

Penalties for driving over 80 in Ontario

The consequences track impaired driving, with one addition: the mandatory minimum fine climbs with the reading.

  • First offence: a mandatory minimum fine of $1,000, rising to $1,500 for a reading of 120 to 159, and $2,000 for a reading of 160 or more, plus a driving prohibition of 1 to 3 years.
  • Second offence: a mandatory minimum of 30 days in jail. Third or subsequent offence: a mandatory minimum of 120 days.
  • Maximum penalty: 10 years in prison by indictment, or 2 years less a day on summary conviction.

In Ontario, a reading at or over 80, or a refusal, also triggers an immediate 90-day administrative licence suspension and a 7-day vehicle impoundment at the roadside, along with a $550 administrative penalty and a licence reinstatement fee. A conviction adds a Highway Traffic Act suspension (generally 1 year for a first offence), the Back on Track remedial program, ignition interlock, and significant insurance consequences. Ontario's Reduced Suspension with Ignition Interlock Conduct Review Program can shorten the suspension, and its best stream requires a guilty plea and sentencing within 90 days of the offence date, a deadline explained on our impaired driving page.

Possible defences to an over 80 charge

Because the offence is built on a machine result obtained through a chain of police steps, the defences focus on that chain. Depending on the evidence, they may include:

  • Charter issues: whether the stop, the roadside screening demand, the arrest, the breath demand, and access to counsel under section 10(b) were all lawful. A breach can lead to exclusion of the readings under section 24(2).
  • Roadside screening reliability: an approved screening device test taken without an appropriate waiting period after a drink, a burp, or something in the mouth can produce a false fail and undermine the grounds for the later breath demand.
  • Compliance with section 320.31(1): whether the qualified technician conducted the required blank tests and calibration checks, whether the two samples were at least 15 minutes apart, and whether the results agreed within the permitted range.
  • Disclosure: records relating to the testing, such as the alcohol standard and instrument records that Ontario courts have ordered produced in appropriate cases, can reveal problems not visible in the initial package.
  • Operation and timing: whether the Crown can prove who was driving and when, which matters because the reading must connect to the two-hour window.
  • Delay: unreasonable delay under section 11(b) of the Charter and the Jordan framework.

Frequently asked questions

What does over 80 actually mean?

It means having 80 mg or more of alcohol in 100 mL of blood within two hours of driving, as measured by breath or blood analysis. It is a separate criminal offence from impaired driving and does not require any proof of bad driving.

Why am I charged with both impaired driving and over 80?

Police in Ontario routinely lay both charges from one incident because they rest on different evidence: observations of impairment for one, the breath readings for the other. A person is not sentenced twice; if both charges succeed, one is typically stayed.

Can breath readings be wrong?

Breath instruments are treated as reliable only when the statutory testing conditions were met, and problems do occur: mouth alcohol effects, calibration and alcohol standard issues, and procedural mistakes by the operator. Whether a challenge is available depends on the records in your specific case.

Will I go to jail for a first over 80 offence?

Generally no. A first conviction carries a mandatory minimum fine, which increases with the reading, rather than mandatory jail. Jail becomes mandatory for repeat convictions and remains possible where there are aggravating features.

How long will I be off the road in Ontario?

There is an automatic 90-day suspension on being charged. On conviction, the suspension is generally 1 year for a first offence, but Ontario's ignition interlock program can reduce it to as little as 3 months where the strict 90-day plea deadline and other conditions are met.

Do I need a lawyer for an over 80 charge?

Over 80 prosecutions are among the most technical in criminal law, and the viable defences usually sit in the disclosure rather than on the surface of the allegation. A lawyer can obtain and review the testing records and identify Charter issues early.

Charged with driving over 80? Contact us

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Sewrattan Criminal Lawyers defends over 80 and excess blood alcohol charges across Toronto and Ontario. Contact us for a consultation: 416-583-1510 ext. 2. Related pages: Impaired Driving and Refusing a Breath Sample.

Practice Areas - 12/04/2015
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Impaired Driving Charges in Toronto and Ontario

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Impaired driving, often called DUI or drunk driving, is a criminal offence under section 320.14(1)(a) of the Criminal Code. A person charged in Toronto or anywhere else in Ontario faces an immediate 90-day licence suspension at the roadside, a mandatory minimum fine and a driving prohibition if convicted, and a criminal record. Many impaired driving cases are successfully defended, because the outcome usually turns on how the police investigation was conducted and how the evidence of impairment holds up.

What is impaired driving under Canadian law?

Section 320.14(1)(a) of the Criminal Code makes it an offence to operate a conveyance while your ability to operate it is impaired to any degree by alcohol, a drug, or a combination of both. Conveyance is the Code's umbrella term for a motor vehicle, a vessel, an aircraft, and railway equipment, which is why the same offence covers impaired boating. To convict, the Crown must prove three things beyond a reasonable doubt:

  • Identity: the accused was the person operating the vehicle.
  • Operation: the accused operated the conveyance. The Criminal Code defines operate to include having care or control of the vehicle, so driving is not required: a person behind the wheel of a parked car commits the offence where there is a realistic risk the vehicle will be set in motion.
  • Impairment: the accused's ability to operate was impaired by alcohol or a drug. The section captures impairment to any degree, so even slight impairment counts, but it must be proved by evidence, typically driving behaviour, physical observations, and breath or blood results.

Impaired driving is a separate charge from driving over 80, which is based on blood alcohol concentration rather than observed impairment. In Ontario, police commonly lay both charges from a single incident.

Penalties for impaired driving in Ontario

Consequences come in two waves: immediate administrative consequences under Ontario law, and criminal penalties if the charge ends in a conviction.

Immediate consequences at the roadside

Before any finding of guilt, Ontario imposes a 90-day administrative driver's licence suspension and a 7-day vehicle impoundment. Both take effect at the roadside the moment a driver fails or refuses breath testing; nothing waits for a conviction. A $550 administrative penalty follows, plus a licence reinstatement fee, towing and storage costs, and, since January 2026, a mandatory education or treatment program at this stage.

Criminal penalties on conviction

  • First offence: a mandatory minimum fine of $1,000 and a driving prohibition of 1 to 3 years. Jail is available but not mandatory for most first offences.
  • Second offence: a mandatory minimum of 30 days in jail and a prohibition of 2 to 10 years.
  • Third or subsequent offence: a mandatory minimum of 120 days in jail and a prohibition of at least 3 years.

The maximum penalty is 10 years in prison if the Crown proceeds by indictment, or 2 years less a day if it proceeds summarily. On top of the criminal sentence, Ontario suspends the driver's licence under the Highway Traffic Act (generally 1 year for a first conviction), requires the Back on Track remedial program (currently $894, paid by the driver), and imposes an ignition interlock condition. Insurance consequences are often the most expensive part of a conviction.

Ontario's ignition interlock program and the 90-day deadline

Ontario's Reduced Suspension with Ignition Interlock Conduct Review Program can shorten the licence suspension dramatically, but the best stream has a strict deadline. A first offender who pleads guilty and is sentenced within 90 days of the offence date (Stream A) can generally get back on the road after a 3-month suspension followed by at least 9 months with an interlock device. A first offender sentenced after the 90 days (Stream B) generally faces a 6-month suspension and at least 12 months of interlock. A second offender must act within the 90 days to qualify for a reduced suspension at all; missing that window generally means the full 3-year suspension. Because the deadline runs from the date of the alleged offence, this is one of the first things to assess in any impaired driving file in Ontario.

Possible defences to an impaired driving charge

Defences that may apply depending on the evidence include:

  • Charter challenges: whether the stop, detention, demands, and arrest complied with sections 8, 9, and 10(b) of the Charter, including the right to speak to a lawyer without delay. Breaches can lead to the exclusion of breath results.
  • Roadside screening problems: an approved screening device test administered too soon after drinking, burping, or having something in the mouth can produce an unreliable fail, which can undermine the grounds for everything that followed.
  • Breath instrument compliance: the Criminal Code presumes breath results accurate only if specific testing conditions were met, including the interval between tests and the required system checks.
  • Proof of impairment or operation: weak or ambiguous observations, or a real issue about who was driving or whether the vehicle was being operated.
  • Disclosure and delay: missing records about the investigation, and unreasonable delay under section 11(b) of the Charter and the Jordan framework.

Frequently asked questions

Will I go to jail for a first impaired driving offence?

Usually not. In Ontario, a first conviction generally carries a mandatory minimum fine of $1,000 rather than jail, unless there are aggravating features such as a collision, injuries, or a very high blood alcohol reading. Jail becomes mandatory for second and subsequent convictions.

How long will I lose my licence?

There is an automatic 90-day suspension in Ontario that begins at the roadside when you fail or refuse breath testing, before any trial. On conviction, a first offender generally faces at least a 1-year suspension, which Ontario's ignition interlock program can reduce to as little as 3 months if strict conditions and a 90-day deadline are met.

What is the difference between impaired driving and over 80?

Impaired driving is about your ability to drive being impaired by alcohol or a drug, proved through observations and driving evidence. Over 80 is about your blood alcohol concentration being at or above 80 mg of alcohol in 100 mL of blood, proved through breath or blood testing. Both charges are often laid together in Ontario.

Can I drive to work while my licence is suspended?

Not during the initial 90-day administrative suspension, which has no work exception. After a conviction, the ignition interlock program is what allows many people in Ontario to drive again on a restricted basis, with the device installed in their vehicle.

Can an impaired driving charge be beaten?

Many impaired driving charges in Ontario are successfully defended, most often through Charter applications and challenges to the breath testing procedure. Outcomes depend on the specific evidence in each case, so an early review of the disclosure matters.

Do I need a lawyer for an impaired driving charge?

These cases are technical: the defences live in the details of the stop, the demands, and the testing, and there are early deadlines, including the 90-day interlock window. A criminal defence lawyer can review the disclosure and identify issues that are not obvious from the police synopsis.

Charged with impaired driving? Contact us

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Sewrattan Criminal Lawyers defends impaired driving charges at courthouses across Toronto and Ontario. If you have been charged, contact us for a consultation: 416-583-1510 ext. 2. Related pages: Driving Over 80, Refusing a Breath Sample, and Bail Hearings.

Practice Areas - 12/04/2015
appeals

Criminal Appeals in Ontario

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

A criminal appeal asks a higher court to review a conviction, a sentence, or both, for legal error. The single most important fact about appeals in Ontario is the clock: the notice of appeal is generally due within 30 days of sentencing. An appeal is not a second trial. It is argued on the record of the first one, which is why appellate work is a distinct specialty: success depends on finding the legal error in the transcript and framing it persuasively.

Where criminal appeals go in Ontario

The route depends on how the case was prosecuted:

  • Summary conviction matters are appealed to the Superior Court of Justice, where a single judge hears the appeal.
  • Indictable matters are appealed to the Court of Appeal for Ontario, before a panel of three judges.
  • A further appeal to the Supreme Court of Canada is possible in limited circumstances, usually with leave.

Both the Crown and the defence can appeal, though on different terms: an accused can appeal a conviction on questions of law, fact, or mixed fact and law, while Crown appeals from acquittals are restricted to questions of law.

Grounds of appeal

An appeal court can intervene in a conviction where there was an error of law, where the verdict is unreasonable or unsupported by the evidence, or where there was a miscarriage of justice. Common grounds in Ontario include misdirection on the law, the wrongful admission or exclusion of evidence, flawed credibility reasoning, problems with jury instructions, and, in some cases, ineffective assistance of trial counsel, which carries a high bar. Sentence appeals ask whether the judge made an error in principle that affected the sentence or imposed a sentence that is demonstrably unfit; appellate courts defer to trial judges, so sentence appeals succeed on error, not mere disagreement.

Fresh evidence, meaning evidence that was not before the trial court, can be admitted on appeal only under a strict test, which considers whether it could have been obtained for trial, whether it bears on a decisive issue, whether it is credible, and whether it could have affected the result.

What happens if an appeal succeeds

A successful conviction appeal usually results in either an acquittal or, more commonly, an order for a new trial. A successful sentence appeal results in a varied sentence. If the appeal is dismissed, the conviction and sentence stand, and further review is limited.

Bail pending appeal and the process

A person sentenced to custody can apply for release pending the appeal under section 679 of the Criminal Code. The court considers whether the appeal is not frivolous, whether the person will surrender into custody, and whether release is in the public interest, which weighs the strength of the appeal against the need for enforceability of judgments. We cover this on our bail pending appeal page.

The appeal itself proceeds in stages: filing the notice of appeal within the deadline, ordering the transcripts (often the longest step), perfecting the appeal with a factum and appeal book, and the oral hearing. In Ontario, a contested appeal commonly takes many months from notice to decision, driven largely by transcript preparation.

Frequently asked questions

How long do I have to file a criminal appeal in Ontario?

Generally 30 days from the date of sentencing, for both summary conviction appeals and appeals to the Court of Appeal for Ontario. The court can extend the deadline in appropriate cases, but an extension is never guaranteed, so the safest course is to get advice immediately after sentencing.

Can I be released from custody while my appeal is heard?

Often, yes. Bail pending appeal is available where the appeal is not frivolous, the person will surrender when required, and release is in the public interest. For strong appeals from less serious matters, release is commonly granted; for the most serious cases the analysis is more demanding.

Is an appeal a new trial?

No. An appeal is a review of the trial record for legal error; witnesses are not reheard and new evidence is admitted only under a strict fresh evidence test. The question is whether something went legally wrong, not simply whether a different judge might have decided differently.

What happens if I win my appeal?

Most successful conviction appeals result in an order for a new trial; some result in an acquittal, depending on the error and the state of the evidence. Successful sentence appeals result in a reduced or restructured sentence.

Can I appeal only my sentence?

Yes. A person can appeal the sentence alone, the conviction alone, or both. Sentence appeals require showing an error in principle that affected the sentence or a sentence that is demonstrably unfit, because appeal courts defer to the trial judge's discretion.

Do I need a different lawyer for my appeal?

Not always, but appeals are a distinct skill, and a fresh set of eyes on the record is often valuable, particularly where trial counsel's conduct may itself be a ground of appeal. Appellate review begins with an honest assessment of whether viable grounds exist.

Considering an appeal? Contact us

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Sewrattan Criminal Lawyers conducts criminal appeals at every level of court in Ontario. Because of the 30-day deadline, time matters: contact us for a consultation: 416-583-1510 ext. 2. Related pages: Bail Pending Appeal Applications and Bail Hearings.

Practice Areas - 12/04/2015

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