Flight From Police Charges in Ontario

The short answer

Flight from police means failing to stop as soon as is reasonable when police are pursuing you, and it is set out in s. 320.17 of the Criminal Code. It carries a maximum of 10 years in prison. The Crown must prove that you knew police were trying to stop you, so not seeing or hearing them can be a defence. These cases often depend on video, radio logs and GPS data, which can show exactly what happened. See our dangerous driving page for an overview.

What the Crown must prove

Common situations

• Driving away from a traffic stop or a RIDE check.
• Not pulling over for an unmarked police car.
• Speeding off after police approach a parked car.
• A pursuit that ends in a collision. If someone is hurt, the driver may also face dangerous driving causing bodily harm or death charges.

What happens after you are charged

1. Arrest and bail: Police chases often lead to an arrest and a bail hearing, especially when other charges are laid.
2. Disclosure: The Crown provides officer notes, in-car video, radio recordings and any GPS or tracking data.
3. Review of the pursuit: Your lawyer compares the video and data with the officers' accounts.
4. Resolution or trial: Some cases resolve to a lesser or provincial offence, while others go to trial on knowledge or identity.

The evidence in a typical case

Most police cruisers have in-car cameras, and many officers wear body cameras. Police radio calls are usually recorded, and some vehicles have GPS tracking. Together, this evidence can show when the lights and siren were turned on, how far the pursuit went and how quickly the driver stopped. In some cases, it shows a much shorter or calmer event than the written reports describe.

Possible defences

• No knowledge: You did not see or hear police, for example because of an unmarked car, loud music or poor visibility.
• Reasonable delay: You kept driving to find a safe, well-lit place to stop.
• Reasonable excuse: You faced a real emergency or had a genuine fear for your safety.
• Identity: Police lost sight of the vehicle and cannot prove who was driving.
• Evidence review: Dash camera, in-car video, radio logs and GPS data may show what really happened.

For example, a driver who signalled and pulled into a lit gas station a kilometre later has a very different case from one who sped away.

Penalties and driving bans

• By indictment: The maximum is 10 years.
• By summary conviction: The maximum is 2 years less a day, a fine of up to $5,000, or both.
• Driving prohibition: The court can ban you from driving for up to 10 years plus any jail time (s. 320.24).
• Ontario suspension: Ontario suspends your licence for at least 1 year after a first conviction, with longer suspensions for repeat convictions.

See dangerous driving sentences and driving bans.

Bail

Police chases often lead to an arrest and a bail hearing, especially when other charges are laid at the same time. A clear release plan, often with a surety and a condition not to drive, can help. See our bail hearings page.

Effects beyond the sentence

Because flight from police carries a 10-year maximum, a conviction can make a permanent resident inadmissible for serious criminality. It also brings a criminal record, a likely driving prohibition and serious insurance consequences, and it can lead to being refused entry to the United States.

Possible outcomes

The Highway Traffic Act offence

Ontario's Highway Traffic Act also makes it an offence to fail to stop for police. That provincial offence has its own penalties, including a licence suspension, but it does not create a criminal record. In some cases, the Crown agrees to withdraw the Criminal Code charge if you plead to the provincial offence instead.

What to do now

• Do not speak to police about the pursuit before you get legal advice.
• Keep any dashcam footage, phone records or GPS data from your own vehicle or phone.
• Follow any release condition that bans you from driving.
• Write down what you saw and heard, including when you first noticed police, while the details are fresh.

Pursuits that end in a collision

When a pursuit ends in a collision, the case becomes much more serious. Police often add charges of dangerous driving, or dangerous driving causing bodily harm or death if someone was hurt. Ontario's Special Investigations Unit may also investigate if a person was seriously injured or died during a police pursuit. That separate investigation looks at the conduct of the police officers, not the driver, but its findings can sometimes be relevant to the criminal case.

How sentences are decided

Judges look at how long the pursuit lasted, the speed involved, the traffic and the risk to the public and police. A short pursuit that ended safely is treated very differently from a long, high-speed chase through residential streets. Your record and any related charges also matter.

How we can help

We can get the in-car video, radio logs and GPS data, and test whether you knew you were being pursued. Call (647) 223-1980 for a free consultation.

Frequently asked questions