Police officers have discretion in determining the appropriate charge to lay in cases of offensive motor vehicle operation. The decision is made on the basis of the seriousness of the conduct and the degree of moral culpability, not necessarily just the consequences. Driving by its nature is a dangerous activity. Sometimes all it takes is a minor driving error to result in catastrophic consequences. The least serious option is a charge of careless driving which is an offence under the Highway Traffic Act. For more serious cases there is the criminal code offence of dangerous driving. For egregious circumstances there is the criminal code offence of criminal negligence. The more serious the charge the more serious are the potential sentences. I don’t necessarily agree with this article. It’s up to the police officer to lay the appropriate charge.
