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Dangerous Operation

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Dangerous Operation of a car is found under section 249 of the Criminal Code. It provides:

1) Every one commits an offence who operates
(a) a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place;

Guilt of dangerous operation must be looked at within the context of the situation. Some ways of driving that may be dangerous in some road conditions may not be dangerous  in other road conditions. For example, speeding down an usually empty highway in the middle of summer may not be considered dangerous operation (though you may get a ticket!), doing so at the same speed in winter with more cars around will be considered dangerous. 

Being too slow or stopping can also be dangerous: consider the case of Emma Czornobaj, a Quebec woman who stopped on the highway to help baby ducklings. Her stopped vehicle was not noticed in time by a motorcyclist. The resulting collision was fatal for the motorcyclist and his passenger. Ms. Czornobaj was subsequently found guilty of dangerous operation causing death.  

The punishment for dangerous operation range, depending on the circumstances, from a summary conviction to a prison sentence of 14 years.   

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