Dangerous Driving Causing Death Lawyer Toronto | Defence

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 causing death is an offence under section 320.13(3) of the Criminal Code, punishable by up to life imprisonment. These are among the hardest cases in criminal law for everyone involved: a death, a grieving family, and an accused who in most cases never intended harm to anyone. The law responds to that reality by requiring more than a fatal outcome. The Crown must prove that the driving itself, judged before anyone knew how it would end, was a marked departure from how a reasonable driver would have driven, and that it caused the death.

What is dangerous driving causing death under Canadian law?

The Crown must prove beyond a reasonable doubt:

Dangerous operation: driving that, having regard to all the circumstances, was dangerous to the public. The focus is the manner of driving, not the collision.
A marked departure: the driving departed markedly from the standard of a reasonably prudent driver in the same circumstances. As the Supreme Court held in R v Beatty and R v Roy, a momentary lapse of attention, even one with catastrophic consequences, does not meet the criminal standard.
Causation: the dangerous driving was a significant contributing cause of the death. Other drivers' conduct, road and weather conditions, and the deceased's own actions are all part of this analysis.

Where the fault alleged rises beyond a marked departure to wanton or reckless disregard for life, the Crown may instead or additionally charge criminal negligence causing death, which carries a higher fault standard. The basic offence without death or injury is dealt with on our dangerous driving page.

Penalties for dangerous driving causing death in Ontario

The maximum penalty is life imprisonment. The Criminal Code's minimum for a first offence is a $1,000 fine, but that floor bears no relationship to how these cases are actually sentenced: where the Crown proves the offence, penitentiary sentences are the norm in Ontario, with the length driven by the degree of departure, speed, racing or stunt elements, and any overlap with impairment or flight.

The court may impose a Criminal Code driving prohibition, and in causing-death cases routinely imposes a lengthy one. A conviction also brings a lengthy Ontario licence suspension under the Highway Traffic Act and lasting insurance consequences. Bail is typically available with a plan that addresses driving, but conditions restricting or prohibiting driving are standard; our bail hearings page explains the framework.

Possible defences to a dangerous driving causing death charge

Depending on the evidence, defences may include:

The marked departure standard: establishing that the driving reflected a momentary lapse, misjudgment, or ordinary negligence rather than criminal fault. This is the central issue in most trials.
Causation: whether the driving, as opposed to another vehicle's movement, road design, visibility, or the deceased's own conduct, was a significant contributing cause.
Explanations negating fault: a sudden medical event, an unforeseeable mechanical failure, or an emergency created by someone else.
Reconstruction disputes: speed calculations, sight lines, timing, and event data recorder evidence are contested through experts, and the physical evidence often tells a different story than first impressions.
Identity of the driver, in cases where occupancy is disputed.
Charter issues, including statements taken at the scene without proper rights, compelled accident reports and their limits in a criminal case, and delay under section 11(b).

Frequently asked questions

Does a fatal accident mean I will be convicted?

No. The Crown must prove the driving was a marked departure from the standard of a reasonable driver and that it caused the death. Tragic outcomes from momentary lapses are not crimes, and courts acquit where the fault standard is not met.

What is the sentence for dangerous driving causing death?

The maximum is life imprisonment. In practice, convictions in Ontario usually result in penitentiary sentences, with the length depending on the driving, the circumstances, and the offender's background. No outcome can be promised in these cases.

Will I lose my licence?

A conviction brings a lengthy Ontario licence suspension and typically a Criminal Code driving prohibition as well. While the case is ongoing, bail conditions often restrict driving.

How is this different from criminal negligence causing death?

The fault standard. Dangerous driving requires a marked departure; criminal negligence requires a marked and substantial departure showing wanton or reckless disregard for life. Crowns sometimes charge both and let the trial decide.

What if the other driver contributed to the collision?

Causation requires the accused's driving to be a significant contributing cause. Another driver's conduct, road conditions, and the deceased's own actions are all relevant and can raise a reasonable doubt.

Will there be a jury?

The accused can elect trial in the Superior Court with a jury or by judge alone, or trial in the Ontario Court of Justice. The right election depends on the issues, and it is a strategic decision made with counsel.

Charged with dangerous driving causing death? Contact us