Flight From Police Charges Overview

When police lights flash in your rearview mirror, the decision to pull over or keep driving can have life-altering consequences. Flight from police charges represent some of the most serious driving-related offences in Canadian criminal law, carrying penalties that can range from significant fines to life imprisonment depending on the circumstances and outcomes.

These are serious criminal offences that prosecutors pursue aggressively, especially when accidents, injuries, or deaths result from police pursuits. Understanding the gravity of these charges and the complex legal framework surrounding them becomes essential whether you’re facing these allegations yourself or trying to comprehend how the law addresses dangerous driving situations.

The Criminal Code of Canada has undergone significant changes in recent years, with major reforms in 2018 restructuring how courts handle flight from police charges. These changes reflect the serious nature of these offences and society’s commitment to holding drivers accountable when their decisions to flee law enforcement put public safety at risk.

For anyone facing these charges, early legal intervention becomes absolutely critical. The complexity of the law, the severity of potential consequences, and the aggressive prosecution approach require experienced counsel who understands both the technical legal requirements and the strategic options available for defence.

 

Flight from Police Under the Criminal Code

Flight from police charges fall under Section 320.17 of the Criminal Code of Canada, which specifically addresses “failure to stop for peace officer.” This provision replaced earlier legislation and now serves as the primary tool for prosecuting individuals who attempt to evade police during traffic stops or pursuits.

The law makes it an offence to operate a motor vehicle or a vessel  while being pursued by a peace officer and, without reasonable excuse, fail to stop as soon as reasonable in the circumstances. 

To secure a conviction under Section 320.17, prosecutors must establish several critical elements beyond reasonable doubt:

• Operation of a conveyance – You were actively operating a motor vehicle or a vessel. 
• Pursuit by a peace officer – A peace officer was pursuing you for the purpose of stopping your conveyance. 
• Failure to stop – You failed to stop as soon as reasonable in the circumstances.  
• Absence of reasonable excuse – There was no reasonable excuse for failing to stop.   The officer was either operating their own conveyance or was in immediate vicinity.

The severity of a prosecution often depends heavily on the surrounding circumstances.  While section 320.17 does not contain separate bodily harm or death versions, more serious consequences (injury or death arising from the pursuit) frequently result in additional charges such as dangerous operation causing bodily harm or death, impaired operation causing bodily harm or death, criminal negligence or manslaughter.  In those situations,  the police often lay multiple counts, including failure to stop.  

Common scenarios leading to these charges include high-speed chases on highways or city streets, attempts to evade impaired driving investigations, fleeing from drug trafficking scenes, panic responses during routine traffic stops, or situations where drivers fear immigration consequences or outstanding warrants. The key legal distinction lies in the intent to flee. Simple failure to notice police signals or delayed response due to hearing difficulties typically won’t result in convictions under this section.

 

Failure to Stop at an Accident Resulting in Death

Section 320.16 of the Criminal Code addresses one of the most serious driving-related offences: failure to stop at the scene of an accident, particularly when that accident results in death. This provision reflects society’s expectation that drivers involved in accidents must fulfill specific legal and moral obligations to victims and their families.

The law creates a graduated structure of offences based on the severity of accident outcomes. Every driver involved in an accident has legal obligations to stop the vehicle immediately at the scene, provide their name and address to other parties involved, offer assistance if anyone appears injured or requires help, and remain available for police investigation.

The most serious category applies when the driver knew or was reckless about whether the accident resulted in someone’s death. The law recognizes that fleeing the scene of a fatal accident compounds the tragedy and denies families, emergency responders, and investigators critical time and information.

For prosecutors to secure convictions in these cases, they must prove several specific elements:

• Involvement in accident – Your conveyance was involved in an accident with another person or vehicle.
• Knowledge or recklessness – You knew your vehicle was involved in an accident, or you were reckless about whether an accident occurred.
• Failure to fulfill legal duties – You failed to stop, provide identification, or offer assistance without reasonable excuse.
• Knowledge of death – You knew or were reckless about whether the accident resulted in death at the time you failed to stop.

Importantly, the Crown doesn’t need to prove you caused the accident, only that you were involved. Failure to stop charges often accompany other serious offences such as dangerous operation causing death, impaired driving causing death, criminal negligence causing death, or manslaughter charges in extreme cases. Understanding the distinction between indictable versus summary conviction offences becomes crucial, as failure to stop at an accident resulting in death is always prosecuted as a straight indictable offence.

 

Penalties and Sentencing

The penalties for flight from police charges reflect the serious nature of these offences and the potential harm they create for public safety. Canadian courts take an increasingly harsh view of drivers who endanger others through their attempts to evade law enforcement.

 

Section 320.17 Penalties (Flight from Police)

The penalties vary based on how the Crown proceeds and the surrounding circumstances:

• Simple flight (no harm) 
• Indictable election: Maximum 10 years imprisonment
• Summary election: Maximum 2 years less a day imprisonment and/or a $5,000 fine
• There are no mandatory minimum penalties for s.320.17

Where serious injury or death results from a police pursuit, courts typically address those outcomes through separate and more serious charges (for example, dangerous operation causing bodily harm or death) which carry significantly higher maximum penalties including life imprisonment.

 

Section 320.16 Penalties (Failure to Stop at Accident Resulting in Death)

This represents one of the most serious driving offences in Canadian law:

• Classification – Straight indictable offence (cannot be prosecuted summarily)
• Maximum penalty – Life imprisonment
• Mandatory minimums – $1,000 fine (first offence), 30 days imprisonment (second offence), 120 days imprisonment (subsequent offences)

Beyond direct criminal penalties, convictions carry extensive collateral consequences. Automatic driver’s license suspension occurs under provincial Highway Traffic Acts, with durations varying by province and severity of offence. Some cases may require ignition interlock devices for license reinstatement.

Permanent criminal records affect employment opportunities, create travel restrictions to the United States and other countries, and impact professional licensing for certain careers. Financial implications include substantial increases in insurance premiums, potential civil liability for accident-related damages, and significant legal costs. Courts may also impose discretionary DNA collection orders, driving prohibition orders extending beyond license suspension, and possible restitution orders for victims or their families.

 

Impact on Criminal Record and Future Consequences

Flight from police convictions create lasting impacts that extend far beyond immediate penalties. These convictions result in permanent criminal records that cannot be discharged or receive conditional sentences due to the maximum penalty structures. Records remain indefinitely unless successfully pardoned years later, creating ongoing consequences for employment, professional licensing, immigration status, and travel opportunities.

Many employers conduct criminal background checks, with transportation, security, and professional positions particularly affected. Government employment opportunities become significantly limited. Licensed professionals including lawyers, doctors, teachers, and others face potential disciplinary action, while real estate licenses and financial services permits may be revoked. Commercial driving licenses are permanently affected, often ending careers in transportation industries.

For non-Canadian residents, flight from police convictions carry severe immigration implications. Convictions may render individuals inadmissible to Canada, while existing permanent residents may face removal proceedings. Students and temporary workers may lose their status, and criminal records delay or prevent Canadian citizenship applications until rehabilitation can be demonstrated.

Travel restrictions extend beyond immigration issues. Criminal convictions may prevent entry to the United States, requiring costly and time-consuming waiver applications that complicate both business and personal travel permanently. Many other countries also restrict entry for individuals with criminal records, requiring disclosure on visa applications and impacting professional travel opportunities.

Auto insurance premiums increase significantly and may last many years, with some insurers refusing coverage entirely. Commercial vehicle operations may become impossible. Criminal convictions are often used as evidence in civil lawsuits, where victims and families may pursue substantial damage claims, creating additional professional liability implications for commercial drivers.

Case law demonstrates how failure to stop charges can create cascading consequences affecting every aspect of an individual’s life, making professional legal representation essential from the earliest stages of any investigation.

 

Possible Defences to Charges

Flight from police charges, while serious, are not impossible to defend successfully. Experienced criminal defence lawyers can identify numerous potential defences and strategies that may result in acquittals, reduced charges, or significantly reduced penalties.

 

Challenging Knowledge and Intent

One primary area of defence involves challenging the Crown’s ability to prove knowledge and intent. Defendants may genuinely have been unaware that an accident occurred, particularly in cases involving minor contact that wasn’t immediately apparent due to weather, road, or vehicle conditions. Similarly, failure to notice police signals can occur due to hearing impairments, mechanical problems with vehicles, or emergency situations preventing immediate response to police.

The absence of intent to flee provides another avenue for defence. Drivers may have been seeking a safe location to stop on busy highways or in dangerous areas, dealing with medical emergencies requiring immediate hospital attention, or reasonably believing that stopping would create greater danger than continuing to a safer location.

 

Reasonable Excuse Defences

The Criminal Code specifically provides for “reasonable excuse” defences in various circumstances:

• Medical emergencies – Driver or passenger requiring immediate medical attention, mental health crises, medication effects
• Safety considerations – Stopping would create immediate danger, area too dangerous for safe stop, concern about police impersonation
• Mechanical problems – Brake failures, steering difficulties, communication equipment failures

 

Technical and Legal Defences

Police conduct can be challenged when it involves unmarked vehicles without clear identification, officers not in uniform or lacking proper authority, or unclear and confusing signals given to drivers. Charter rights violations involving unreasonable search and seizure, failure to provide proper warnings or rights, or excessive force during arrest provide additional grounds for defence.

Technical defences focus on challenging the Crown’s ability to prove all required elements of the offence, questioning identification evidence, or disputing causation between flight and any resulting harm. Alternative explanations involving medical conditions affecting driving ability, panic attacks or psychological conditions, or reasonable misunderstanding of circumstances can create reasonable doubt.

 

Strategic Defence Approach

Effective defence requires comprehensive planning that addresses early investigation to preserve favorable evidence, identify and interview potential witnesses, and obtain medical records or expert evaluations. Strategic plea negotiations may seek reduced charges when appropriate, explore alternative sentencing options, or investigate diversion programs where available.

Even when convictions appear likely, sentencing mitigation strategies can significantly impact outcomes. Presenting evidence of good character and rehabilitation, addressing underlying issues contributing to the incident, and seeking treatment programs as alternatives to incarceration can substantially reduce penalties.

Contacting legal counsel immediately after charges are laid provides the best opportunity for developing and implementing effective defence strategies. The complexity of these cases and the severity of potential consequences make professional legal representation essential for protecting your rights and future. The technical requirements for proving flight from police charges create numerous opportunities for skilled defence lawyers to challenge the Crown’s case, with success often depending on thorough investigation, strategic thinking, and comprehensive understanding of both the legal framework and available defence options.