New Street Racing Offence Proposed
In June Minister of Justice and Attorney General of Canada, Vic Toews Q.C., introduced a new Criminal Code offence. The Government proposal would create a separate Criminal Code offence of street racing, which would reference the offences of dangerous driving (no bodily harm or death), dangerous driving causing bodily harm, dangerous driving causing death, criminal negligence causing bodily harm, and criminal negligence causing death. This new offence would also include increased maximum punishments and escalating mandatory driving prohibitions for those convicted of street racing.
The proposed punishments for the new street racing offence are as follows:
| Offence |
Current Punishment |
Proposed Punishment with Street Racing |
Dangerous Driving (no bodily harm or death) |
Summary Conviction or,
on Indictment imprisonment up to five years maximum |
Summary Conviction or,
on Indictment imprisonment up to
five years maximum |
Dangerous Driving causing Bodily Harm |
Up to 10 years maximum imprisonment |
Up to 14 years maximum imprisonment
|
Dangerous Driving causing Death |
Up to 14 years maximum imprisonment |
Up to lifetime maximum imprisonment
|
Criminal Negligence causing Bodily Harm |
Up to 10 years maximum imprisonment |
Up to 14 years maximum imprisonment |
Criminal Negligence causing Death |
Up to lifetime maximum imprisonment |
Up to lifetime maximum imprisonment
|
In addition, the Government proposal would include mandatory minimum driving prohibitions on a first, second and subsequent street racing conviction.
For a first street racing conviction, the mandatory driving prohibitions are:
| Offence |
Mandatory Driving Prohibitions
|
Dangerous Driving (no bodily harm or death) |
1 year minimum up to 3 years maximum |
Dangerous Driving causing Bodily Harm |
1 year minimum up to 10 years maximum |
Dangerous Driving causing Death |
1 year minimum up to 10 years maximum |
Criminal Negligence causing Bodily Harm |
1 year minimum up to 10 years maximum |
Criminal Negligence causing Death |
1 year minimum up to lifetime maximum |
For a second street racing conviction, the mandatory driving prohibitions are:
| Offence |
Mandatory Driving Prohibitions |
Dangerous Driving (no bodily harm or death) |
2 years minimum up to 5 years maximum |
Dangerous Driving causing Bodily harm |
2 years minimum up to 10 years maximum |
Dangerous Driving causing Death |
*Lifetime minimum |
Criminal Negligence causing Bodily harm |
2 years minimum up to 10 years maximum |
Criminal Negligence causing Death |
*Lifetime minimum |
*The lifetime minimum driving prohibition would apply if an offender has two convictions where someone was injured or killed as a result of street racing, and at least one of these offences caused a death.
For subsequent street racing convictions, the mandatory driving prohibitions are:
| Offence |
Mandatory Driving Prohibitions |
Dangerous Driving (no bodily harm or death) |
3 years minimum up to lifetime maximum |
Dangerous Driving causing Bodily Harm |
3 years minimum up to lifetime maximum |
Dangerous Driving causing Death |
*Lifetime minimum |
Criminal Negligence causing Bodily
Harm |
3 years minimum up to lifetime maximum |
Criminal Negligence causing Death |
*Lifetime minimum |
*The lifetime minimum driving prohibition would apply if an offender has three or more convictions where someone was injured or killed as a result of street racing, and at least one of these offences caused a death.
These periods of driving prohibition would be in addition to any period to which the offender is sentenced to imprisonment.
An online version of the legislation will be available at www.parl.gc.ca.
|
