When a driver is convicted of a criminal driving offence, their driver’s license can be suspended in two main ways:

• Mandatory Suspensions: These are required by Canada’s Criminal Code. The court must apply these suspensions, and neither the judge nor the person suspended can change or challenge them. When someone has a mandatory suspension, they cannot legally drive.
• Court-Ordered Suspensions: These are extra suspensions that a judge can decide to add on top of any mandatory ones. They give judges the flexibility to increase the punishment based on the specific situation.

Canada’s Criminal Code says: motor vehicle means a vehicle that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment.

The criminal code definition includes cars and trucks, construction equipment, and even things like lawn tractors, anything that is powered by an engine.

As well the criminal code definition means that a prohibited driving cannot operate a motor vehicle anywhere, including at construction sites, inside factories, private property or even at your own home.

In Ontario, if you’re found driving with too much alcohol in your system, your licence gets suspended right away for 90 days.

This happens if your blood alcohol level is over .08, or where driver refuses to take a test. This suspension is immediate and separate from any other legal actions.

In Ontario, driving while disqualified is considered a serious criminal offence, reflecting a disregard for court orders and the law.

This charge is laid against individuals who operate a motor vehicle while their driving privileges are suspended or revoked due to a criminal driving conviction. The penalties for this offence are severe and are designed to deter such behavior and uphold the integrity of the judicial system.

The legal consequences for driving while disqualified in Ontario include:

• Jail:  The court will be considering a minimum 45 day jail sentence.
• Suspension: Any licence suspension will be increased at a minimum of an additional year.
• Fine: The judge as well as a jail sentence may consider a fine in the thousands of dollars.

These penalties vary depending on the circumstances of the offence and the individual’s prior driving and criminal record. The imposition of fines, potential for imprisonment, and the extension of driving suspension underscore the seriousness of driving while disqualified.

Reinstating a driver’s license in Ontario, after it has been suspended due to a criminal offense, particularly those related to impaired driving, involves a structured and comprehensive process. This process is designed not only to ensure that all legal obligations are met but also to address and mitigate the risks of future offenses through rehabilitation and monitoring measures. Here’s how the process typically unfolds, incorporating key programs like “Back on Track” and the use of ignition interlock devices:

• Serve the Suspension Period: Initially, the individual must serve the full term of the suspension as mandated by the court. This period varies depending on the nature of the offense and the driver’s history.

• Complete the Back on Track Program: For offenses involving impaired driving, participation in Ontario’s Back on Track program is often a requisite for reinstatement. This remedial program involves an assessment to understand the individual’s substance use, followed by either an educational or treatment program tailored to address behaviors related to impaired driving. The program concludes with a follow-up interview to ensure the individual has integrated the learnings and is committed to safe driving practices.

• Installation of an Ignition Interlock Device: Another requirement for drivers convicted of impaired driving offenses is the installation of an ignition interlock device in their vehicle. This device prevents the vehicle from starting if it detects a breath alcohol concentration above a pre-set limit, thereby ensuring the driver is sober before operating the vehicle. The duration for which the device must be installed varies, but it serves as a critical tool in preventing recidivism among impaired driving offenders.

• Pay Reinstatement Fees: After completing the mandatory programs and serving the suspension period, individuals must pay a reinstatement fee to the Ontario Ministry of Transportation. This fee is part of the administrative process of regaining driving privileges.

• Provide Proof of Insurance: Demonstrating proof of valid auto insurance is essential. Given the nature of the offense, securing insurance might come at a higher premium due to the increased risk profile of the driver.

• Apply for License Reinstatement: With all conditions satisfied, including the Back on Track program completion and ignition interlock device installation where applicable, individuals can apply for the reinstatement of their license with the Ontario Ministry of Transportation.

This process ensures that individuals who have had their license suspended for criminal offences, particularly those related to impaired driving, are safe to return to the roads. It underscores Ontario’s commitment to road safety and the serious approach taken towards impaired driving and other driving offenses.