Difference between revisions of "Federal Driving Offences (13:X)"

Under MVA s 102, it is an offence to drive while prohibited due to operation of law, namely MVA ss 98 (court ordered prohibition), 99 (automatic prohibition), 100 (failing to stop for a peace officer), or the YJA. Pursuant to YJA s 8(2)(f), when a young offender is convicted  of an offence under the MVA, he or she can be prohibited from driving for a specific period of time. YJA s 8(3) states that a young offender who refuses to stop for a peace officer in violation of MVA s 100 will be prohibited from driving for two years.  

For both offences (MVA ss 95(1) and 102), the first conviction will result in a fine of at least $500 but no more than $2,000 and/or  imprisonment up to six months. Subsequent convictions under s 95(1) result in the same range of fines, but a prison term of between 14 days  and one year. Subsequent convictions under s 102 result in a fine of at least $300 but no more than $2,000, and/or a prison term of between 14 days and one year.  

While MVA s 102 creates an absolute liability offence (i.e. an individual could be automatically prohibited under s 99 and have no defences to s 102), there is little or no chance of incarceration. This is expressly prohibited by OA s 6 which states that there will be no imprisonment for an absolute liability offence. Also, OA s 82(1) states that an individual will not be jailed for non-payment of fines. For these reasons, the Supreme Court of Canada did not strike down the inclusion of MVA s 99 in MVA s 102: ''R v Pontes'' [1995], 13 MVR (3d) 145 (SCC).  

== B. Criminal Code Offence ==