Charged With Dangerous Driving in the NWT? What Happens Next

Being charged with dangerous driving or with fleeing from police in the Northwest Territories can be frightening, especially if your vehicle was seized or you spent time in custody. This guide explains, in plain language, what the charge means, what usually happens next in the territory's courts, what penalties are possible and where to get help. You are presumed innocent. A charge is an accusation, not a finding of guilt.

For a Canada-wide overview, see our national guide to dangerous operation of a motor vehicle.

What a dangerous driving charge means

Dangerous driving is now called dangerous operation of a conveyance. It is set out in section 320.13 of the Criminal Code, in Part VIII.1, the impaired and dangerous driving rules that came into force in December 2018. A conveyance includes a motor vehicle, vessel, aircraft or railway equipment, so the charge can apply to a car, truck, snowmobile, ATV or boat.

What the Crown must prove for dangerous driving

The Crown is the prosecutor who brings the case against you. To get a conviction under s. 320.13(1), the Crown must prove beyond a reasonable doubt that:

• you were operating the conveyance;
• the way you operated it was dangerous to the public, having regard to all the circumstances (road, weather, traffic, visibility, speed and so on); and
• your driving was a marked departure from what a reasonable, prudent driver would have done in the same situation.

Bad driving, a moment of inattention or an ordinary mistake is not enough on its own. The focus is on how you drove, not only on the result. More serious versions apply if the dangerous driving caused bodily harm (s. 320.13(2)) or death (s. 320.13(3)).

What the Crown must prove for flight from police

Flight from a peace officer, sometimes searched as "evading police" or "fleeing police", is in s. 320.17. The Crown must prove that you were operating a motor vehicle while being pursued by a peace officer, and that you failed, without reasonable excuse, to stop as soon as was reasonable in the circumstances. Knowledge that police were pursuing you is a central issue. Flight is often charged together with dangerous driving.

Offence type

Dangerous driving (s. 320.13(1)), dangerous driving causing bodily harm (s. 320.13(2)) and flight (s. 320.17) are hybrid offences. The Crown chooses whether to proceed by summary conviction (the less serious route) or by indictment (the more serious route). Dangerous driving causing death is indictable only.

What happens after a dangerous driving charge in the Northwest Territories

Arrest and release

After an arrest, police may release you with an appearance notice, or on an undertaking, which is a written promise to attend court and follow certain conditions. If police do not release you, you will be brought before a justice for a bail hearing, which may end with a release order.

Common conditions in driving cases include not driving at all, not being in the driver's seat of a vehicle, living at a set address, and no contact with any person who was injured or who is a witness. Breaking a condition is a separate criminal offence, so read your paperwork carefully and ask a lawyer if anything is unclear. Federal bail rules have been amended in recent years and further changes have been proposed, so a lawyer can tell you what applies to your situation.

Who decides on charges

In the Northwest Territories, Criminal Code offences are prosecuted by the Public Prosecution Service of Canada (PPSC), the federal prosecution service. Police generally lay the charge, and PPSC prosecutors then review the file and decide whether to continue, change or withdraw it.

First appearance

Your first appearance will usually be in the Territorial Court of the Northwest Territories. You will not normally be asked to tell your story at this stage. The case is often put over (adjourned) so you can get a lawyer and receive disclosure. If you cannot attend, a lawyer or agent may be able to appear for you in some cases, but you must never simply miss court.

Disclosure

Disclosure is the Crown's evidence: police notes, witness statements, dash-camera or in-car video, collision reconstruction reports, photographs and any data from your vehicle. You have a constitutional right to it. Your lawyer reviews it before giving you advice about next steps.

Crown election and your election

For a hybrid charge, the Crown elects summary or indictment. If the Crown proceeds summarily, the case stays in Territorial Court. If it proceeds by indictment, you usually get to choose a trial before a Territorial Court judge, a judge of the Supreme Court of the Northwest Territories alone, or a Supreme Court judge and jury. Since the 2019 changes, a preliminary inquiry is only available for offences carrying 14 years or more, such as dangerous driving causing bodily harm or death.

Resolution or trial

Many cases are resolved through discussions between defence and Crown, which can lead to a withdrawn charge, a different charge or an agreed sentencing position. Others go to trial, where the Crown must prove every element beyond a reasonable doubt. Only you can decide how to plead, ideally after getting legal advice.

Typical timeline

Simple cases may take several months; serious collision cases often take much longer. Under the Supreme Court of Canada's Jordan framework, a case is presumed unreasonably delayed if it takes more than 18 months in Territorial Court or 30 months in the Supreme Court from charge to the expected end of trial, not counting delay caused by the defence. Follow local developments on our Northwest Territories crime news page.

Possible penalties for dangerous driving and flight from police

A fine can also be imposed. Where a police pursuit ends with someone hurt or killed, related charges carrying the higher bodily harm or death maximums can apply. Mandatory minimum penalties in Part VIII.1 are tied to impaired driving and refusal offences, not to dangerous driving or flight alone, though those charges are sometimes laid together.

Driving prohibition

On conviction, the court may prohibit you from driving anywhere in Canada. For these offences the prohibition is discretionary, not automatic. It can be up to 10 years for most of these offences, plus any time spent in custody, and has no fixed upper limit where death was caused.

What sentences can look like in practice

• Absolute or conditional discharge: a finding of guilt without a conviction. A conditional discharge comes with probation conditions. Discharges are available for dangerous driving and flight (10-year maximum), but not for the bodily harm or death versions.
• Fine: sometimes imposed alone or with probation.
• Probation: supervision in the community with conditions, for up to three years.
• Conditional sentence: a jail term under two years served in the community, often with house arrest. Bill C-5 (2022) widened access to conditional sentences.
• Jail: more likely where someone was injured or killed, the driving was prolonged or at very high speed, or there is a related record.

Factors that matter

Judges look at the danger created, the length and speed of the driving, whether anyone was hurt, the presence of passengers or pedestrians, your driving and criminal record, remorse, your personal circumstances and steps taken since the charge. For Indigenous people, the court must consider their background and circumstances under the Gladue principles in s. 718.2(e) of the Criminal Code.

Other consequences in the Northwest Territories

Criminal record and record suspension

A conviction creates a criminal record. You can apply to the Parole Board of Canada for a record suspension (formerly a pardon) after finishing your whole sentence and then waiting 5 years for a summary conviction or 10 years for an indictable conviction. An absolute discharge is generally removed from the national police database after one year, and a conditional discharge after three years.

Travel to the United States

US border officers have wide discretion. Any criminal charge or record can lead to questions, delays or refusal of entry. If you travel to the US for work or family, get advice before you go.

Immigration for non-citizens

Because dangerous driving and flight carry a maximum of 10 years or more, a conviction can count as "serious criminality" under federal immigration law, even if you receive no jail time. Permanent residents, work permit holders and students should speak with both a criminal lawyer and an immigration lawyer before any plea.

Employment and licence

A record or driving prohibition can affect jobs that require driving, such as trucking, mining site work or remote travel, and can raise insurance costs. Territorial motor vehicle law may bring separate licence consequences in the Northwest Territories; ask your lawyer how these apply to you.

Common defences and issues a lawyer will look at

Every case depends on its facts. A lawyer will often examine:

• Identity: can the Crown prove you were driving, especially in a pursuit at night?
• Marked departure: was the driving truly a marked departure, or a momentary lapse or poor judgment that does not reach the criminal standard?
• Circumstances: road conditions, ice, wildlife, other drivers and visibility may explain what happened.
• Knowledge of pursuit: for flight, did you know police were pursuing you, and did you have a reasonable excuse, or did you stop as soon as reasonable?
• Expert evidence: speed estimates and collision reconstructions can be challenged.
• Charter issues: whether a vehicle or phone search respected s. 8 (unreasonable search and seizure), whether a detention was lawful under s. 9, and whether police told you of your right to a lawyer and let you use it under s. 10(b). Evidence obtained in breach of the Charter may be excluded.
• Delay: whether the case is approaching the Jordan ceilings.

How common is dangerous driving in the Northwest Territories?

According to Statistics Canada police-reported data (table 35-10-0177), police in the Northwest Territories reported 40 incidents of dangerous operation of a motor vehicle, vessel or aircraft in 2025, a rate of 87.05 per 100,000 people, with 13 persons charged. The Canada-wide rate was 20.09. In 2024 there were 32 incidents (70.71 per 100,000) and 17 persons charged. Since 2016, the territorial rate has ranged from a low of 49.4 (2018) to the 2025 high, and has stayed several times the national rate.

For dangerous operation while evading police, the territory reported 21 incidents in 2025, a rate of 45.7 per 100,000, with 6 persons charged, compared with a Canada rate of 32.44. That was down from 26 incidents (57.45) and 11 persons charged in 2024. Nationally, the evading police rate has roughly tripled since 2016, when it was 10.78. Because the territory's population is small, a handful of incidents can move the rate sharply. More figures are on our Northwest Territories crime statistics page.

If you are the victim or complainant

If you were hurt, put at risk or had property damaged by someone's driving, you can report it to police. Police investigate, and PPSC prosecutors decide whether to proceed with a charge and how to run the case. You are a witness for the Crown, not a party, but you have rights under the Canadian Victims Bill of Rights, including the right to information about the case and to present a victim impact statement at sentencing.

• Victim support: ask police or the Crown's office about victim services available in your community.
• No-contact conditions: the accused's undertaking or release order may forbid contact with you. Report any breach to police.
• Peace bonds: if you fear for your safety, you can ask a court for a peace bond under s. 810 of the Criminal Code, a court order requiring someone to keep the peace and follow conditions, without a criminal conviction.
• Your own lawyer: the Crown does not represent you personally. You can get independent legal advice, including about civil claims or insurance.

When to speak with a lawyer

Speak with a criminal defence lawyer as early as possible: ideally before you give any statement to police, and before your first appearance. You have the right to remain silent, and anything you say can be used as evidence. A lawyer can explain your release conditions, request disclosure, look for Charter issues and talk with the Crown on your behalf.

If you cannot afford a lawyer, contact Legal Aid NWT to ask whether you qualify. Duty counsel may also be able to help on the day of court.

People charged can request a free, confidential first consultation through an independent criminal defence lawyer here, and victims can request one here.

This guide is general information about the law in the Northwest Territories, not legal advice. Every case depends on its facts, so speak with a lawyer about your situation.

Frequently asked questions

Is dangerous driving a criminal offence in the Northwest Territories?

Yes. Dangerous operation of a conveyance is a Criminal Code offence under s. 320.13, and it applies across Canada, including the Northwest Territories. It is a hybrid offence, so the Crown can proceed summarily, with a maximum of two years less a day, or by indictment, with a maximum of 10 years. Versions causing bodily harm or death carry 14 years and life. It is different from a territorial traffic ticket.

Will I go to jail for dangerous driving in the NWT?

Not necessarily. There is no mandatory minimum for dangerous driving or flight from police. Sentences can range from a discharge, fine or probation to a conditional sentence served in the community or jail. Jail becomes more likely if someone was hurt or killed, the driving was prolonged or at high speed, or there is a related record. The outcome depends on the facts and your circumstances.

Will I lose my licence if I am charged with dangerous driving?

Your release conditions may forbid driving while the case is ongoing. If you are convicted, the court may order a Canada-wide driving prohibition. For dangerous driving and flight it is discretionary, not automatic, and it can last up to 10 years for most of these offences, with no fixed limit where death was caused. Territorial licence consequences may also apply, so ask your lawyer.

What is the penalty for fleeing police in the Northwest Territories?

Flight from a peace officer under s. 320.17 is a hybrid offence. On summary conviction the maximum is two years less a day; by indictment it is 10 years. There is no mandatory minimum, and a driving prohibition may be ordered. If a pursuit ends with someone injured or killed, related charges with higher maximums can apply. The Crown must prove you knew you were being pursued.

Can a dangerous driving charge be withdrawn?

It can. Federal prosecutors with the Public Prosecution Service of Canada review the evidence and may withdraw or change a charge if there is not a reasonable prospect of conviction or it is not in the public interest to continue. Defence lawyers often raise weaknesses in the evidence or Charter problems in discussions with the Crown. Nothing is guaranteed, and each case turns on its facts.

Do I need a dangerous driving lawyer in the Northwest Territories?

It is strongly recommended. A conviction can mean a criminal record, a driving prohibition, immigration problems and jail in serious cases. A criminal defence lawyer can review disclosure, challenge speed or reconstruction evidence, look for Charter breaches and negotiate with the Crown. If cost is a concern, contact Legal Aid NWT to see if you qualify, and use duty counsel at court.