What is the current state of the law on dangerous driving?

Ontario, Canada


The following excerpt is from R. v. Stephens, 2008 ONCJ 107 (CanLII):

23. For the purpose of this charge it is not necessary to exhaustively define the distinctions between these varying levels of culpability. However, I note the leading case of Regina v. Hundal, Justice Cory, in speaking for the majority stated that: “Thus it is clear that the basis of liability for dangerous driving is negligence. The question to be asked is not what the accused subjectively intended, but rather whether, viewed objectively, the accused exercised the appropriate standard of care. It is not overly difficult to determine when a driver has fallen markedly below the acceptable standard of care. There can be no doubt that the concept of negligence is well understood and recognized by Canadians. Negligent driving can be thought of as a continuant that progresses or regresses, from a momentary lack of attention, giving rise to civil responsibility through careless driving under a Provincial Highway Traffic Act to dangerous driving under the Criminal Code.”

Other Questions


What is the current state of the law on sentencing dangerous offenders? (Ontario, Canada)
What is the current state of the law on transfers of dangerous inmates between medium security and high security prisons? (Ontario, Canada)
What is the risk of dangerous driving when an intoxicated individual uses a mobility scooter for non-driving purposes? (Ontario, Canada)
In what circumstances will a defendant be found guilty of dangerous driving when he strikes a cyclist he was attempting to pass while driving at an excessive speed? (Ontario, Canada)
What is the sentence for an impaired driver who pleaded guilty to impaired driving and dangerous driving causing bodily harm? (Ontario, Canada)
What is the current state of the law on reasonable excuse? (Ontario, Canada)
What is the current state-funded representation of counsel under s. 7 of the Charter? (Ontario, Canada)
What is the current state of the law on hearsay in child protection applications? (Ontario, Canada)
What is the current state of the law on retroactively interpreting legislation? (Ontario, Canada)
What is the current state of the law on the issue of costs in family law cases? (Ontario, Canada)

There are no other similar questions at this time.