Impaired driving causing death is a serious crime in Canada. According to Section 320.21 of the Criminal Code, if you are convicted, you can face up to life imprisonment. This means that if you cause a fatal accident while under the influence of drugs or alcohol, you will face severe penalties. No option for house arrest currently exists; only significant prison time.

Penalties and Sentencing

When it comes to impaired driving causing death, penalties are severe and vary depending on the circumstances. These can include imprisonment, heavy fines, lengthy driving prohibitions, licence suspensions, and the use of ignition interlock devices upon the completion of your driving prohibition/suspension.

Imprisonment

Upon conviction, penalties for impaired driving causing death will lead to long prison sentences, and in certain cases, individuals can face up to life imprisonment. The length of the sentence depends on factors like the level of impairment and previous offences. Aggravating factors like the accused’s blood alcohol level, degree of impairment, the nature of the driving, intentional harm or negligence could lead to harsher sentences. Sentences may also include parole restrictions and mandatory counselling programs.

Licence Suspensions and Prohibitions

Your licence will be suspended immediately for 90 days upon arrest for impaired driving causing death. Assuming you are released on bail after your arrest, one of the typical bail conditions will be that you cannot drive a motor vehicle while your charges are pending before the court. Upon conviction for impaired driving, a judge can also prohibit you from driving for up to a lifetime. A judge has discretion to impose less than a lifetime driving prohibition, but anyone convicted of impaired driving causing death can expect to face a very lengthy multi-year driving prohibition.

Doug Ford’s conservative government is currently proposing new legislation under the Highway Traffic Act that will automatically lead to a lifetime driving suspension for anyone convicted of impaired driving causing death. This new law has not been declared as of today’s date and it remains to be seen whether this law will be enacted.

Use of Ignition Interlock Devices

Assuming a judge does not order a lifetime driving prohibition, an ignition interlock device (IID) may be required after the end of the driving prohibition. This small breathalyzer device connects to your vehicle’s ignition, preventing it from starting if alcohol is detected in your bloodstream Installation costs and monthly fees are your sole responsibility.

Frequently Asked Questions

The minimum sentencing range for someone convicted of impaired driving causing death in Canada is usually many years of imprisonment. Judges have discretion, but sentences must follow precedents and guidelines established by case law and are generally severe to reflect the seriousness of the crime. The range of sentences for impaired causing death has been steadily increasing over many years and is still trending upward.  Currently, jail terms of up to 6-7 years  or longer are not uncommon for first time offenders.

Impaired driving causing death is defined in the Criminal Code of Canada as operating a motor vehicle while impaired by alcohol or drugs and as a result of the impairment, the accused  causes the death of another person.  In other words, the crown must prove a causal link between the impaired operation and the death of  another person. This means the death would not have happened if the driver had not been impaired.

In Ontario, sentencing for impaired driving causing death can include long prison terms, fines, lengthy Court ordered driving prohibitions and Ministry of Transportation licence suspensions. The exact sentencing penalties depend on factors such as the specific aggravating and mitigating factors/circumstances of the case, the accused’s background and character, and    whether they have a prior criminal record, including prior impaired driving or other Criminal Code driving convictions.