INTRODUCTION AND BRIEF DESCRIPTION
Operating a vehicle while disqualified from doing so is an indictable offence with a maximum imprisonment of 5 years.
SECTION WORDING
259(4) Every offender who operates a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from doing so, other than an offender who is registered in an alcohol ignition interlock device program established under the law of the province in which the offender resides and who complies with the conditions of the program, (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction.
EXPLANATION
Section 259(4) of the Criminal Code of Canada addresses the offence of operating a motor vehicle, vessel, aircraft or railway equipment while disqualified from doing so. A person may be disqualified from driving due to a previous conviction for impaired driving, dangerous driving or other related offences. This disqualification is an administrative sanction that prohibits the individual from operating any kind of vehicle for a certain period of time, which is usually an additional punishment on top of any sentence that may have been handed down for the original offence. This section of the Criminal Code makes it clear that operating any kind of vehicle while disqualified is a serious offence. The penalty for violating this section can range from up to five years imprisonment for an indictable offence to a summary conviction, which carries less severe penalties. However, there is an exception to this provision for offenders who are registered in an alcohol ignition interlock program established under the law of the province in which they reside. Such offenders are allowed to operate a vehicle if they comply with the program's conditions, which generally involves installing an ignition interlock device and submitting to regular tests to ensure that they are not impaired while driving. Overall, Section 259(4) highlights the importance of respecting driving bans and the consequences that can arise from violating them. It is a necessary provision in the Criminal Code that helps to deter individuals from driving while disqualified and ensures public safety on our roads, waterways and railways.
COMMENTARY
Section 259(4) of the Criminal Code of Canada addresses the issue of operating a motor vehicle, vessel, aircraft or railway equipment while disqualified from doing so. This prohibition applies to every offender who has been disqualified from driving or operating a vehicle or equipment due to a previous criminal conviction or other lawful authority. The section imposes severe penalties on those who violate the disqualification order, thus highlighting the seriousness of the offence. The offence under Section 259(4) is classified as indictable; therefore, offenders may face imprisonment for up to five years. Alternatively, it can also be punishable by summary conviction. The gravity of the punishment is partly due to the significant risk of harm associated with operating a vehicle while disqualified. Since the prohibition to operate the vehicle or equipment results from previous criminal or legal penalties, it is implied that there was a previous finding of risk of harm to the public. However, in some limited circumstances, an offender registered in an alcohol ignition interlock device program established by the province of the offender's residence and who complies with the conditions of the program may be exempted from the prohibition. The exemption, in this case, seeks to balance the need to keep the public safe with the rehabilitation of the offender who might otherwise have difficulty regaining their license. Section 259(4) serves as a crucial provision in ensuring the safety of Canadian roads and other transportation modes. The provision recognizes that disqualifications from operating vehicles or transportation equipment may not always be permanent, and offenders may attempt to flout the law and operate the vehicle. Therefore, the provision acts as a deterrent to such conduct and protects the public from harm. The effectiveness of Section 259(4) in deterring prohibited driving or driving while disqualified is evident in the statistics of Traffic Injury Research Foundation. According to the research foundation, between 2003 and 2012, there were approximately 4,600 charges and 3,600 convictions related to Section 259(4) across Canada. These numbers indicate that the provision is actively enforced, which serves as a check on potentially dangerous driving behaviour. In conclusion, Section 259(4) of the Criminal Code of Canada serves as a reminder that driving is a privilege granted to those who comport themselves responsibly and follow the law. The provision acts as a deterrent against prohibited driving or driving while disqualified, ensuring the safety of Canadian roads and other transportation modes. The penalties imposed for violating the prohibition indicate the gravity of the offence and underline the risks that such conduct poses to public safety.
STRATEGY
Section 259(4) of the Criminal Code of Canada addresses a serious offense of operating a vehicle or any other machinery while being disqualified from doing so. This section has severe consequences, including imprisonment and a criminal record, which can negatively affect the offender's life in multiple ways. Therefore, it is crucial to consider some strategic approaches when dealing with this section of the Criminal Code of Canada. The first strategic consideration is to seek legal representation immediately upon being charged under section 259(4). A criminal defense lawyer with experience in impaired driving cases can help the offender understand their rights and the charges against them. The lawyer can also assess the evidence and develop a strong defense strategy, which may include challenging the evidence, negotiating a plea deal, or going to trial. It is essential to have a knowledgeable advocate who can protect the offender's legal interests and rights throughout the proceedings. The second strategic consideration is to comply with the court's conditions while the offender is awaiting trial or sentencing. For instance, an offender who is registered in an alcohol ignition interlock device program established under the law of the province in which they reside should comply with the conditions of the program. Failure to comply with any specific conditions may result in harsher consequences. Furthermore, complying with the conditions may demonstrate to the court that the offender is taking responsibility for their actions and may encourage a more lenient sentence. The third strategic consideration is to understand the aggravating and mitigating factors that may affect the sentence under section 259(4) of the Criminal Code of Canada. These factors may include the offender's driving record, the level of impairment, whether there was injury or damage caused, and whether the offense was a first or subsequent offense. An experienced criminal defense lawyer can provide insight into these factors and develop a strategy to mitigate any aggravating factors while highlighting any mitigating factors to the court. The fourth strategic consideration is to be proactive in dealing with the consequences of the offense, such as applying for hardship licenses, completing treatment programs, or seeking counseling. Demonstrating a willingness to address the underlying issues that led to the offending behavior may persuade the court to impose a more lenient sentence, such as probation, rather than imprisonment. In conclusion, dealing with section 259(4) of the Criminal Code of Canada requires a strategic approach that includes seeking legal representation, compliance with court conditions, understanding aggravating and mitigating factors, and being proactive in addressing the consequences of the offense. By taking these strategic steps, an offender may have a better chance of achieving a favorable outcome in their case.