Driving While Prohibited in Ontario (Criminal Code s. 320.18)

The short answer

Driving while a criminal court has banned you from driving is a separate crime under s. 320.18 of the Criminal Code. It can carry up to 10 years in jail. It also usually leads to a new driving prohibition and a further Ontario licence suspension.

This charge is different from driving while suspended for unpaid fines or demerit points, which is a provincial offence. Knowing which charge you face is the first step in understanding what is at stake.

What the Crown must prove

The ignition interlock exception

It is not an offence if you are registered in Ontario's ignition interlock program and following its conditions (s. 320.18(2)). That means driving only a vehicle with an approved interlock device and following every program rule.

Driving outside those conditions is not covered, for example driving a vehicle without the device.

Criminal charge or Highway Traffic Act charge?

• Criminal Code (s. 320.18): This applies to driving while prohibited by a criminal court order, or because of a Criminal Code conviction or discharge.
• Highway Traffic Act: This applies to driving while suspended for other reasons, such as unpaid fines, demerit points or medical reasons.

The difference matters a great deal, because only the first is a criminal offence that can lead to a criminal record.

The evidence in a typical case

The Crown usually relies on the officer's observations of your driving, records from the Ministry of Transportation showing your licence status, and a certified copy of the court order or conviction that created the prohibition. If the records are incomplete, unclear or do not cover the date of the alleged driving, the Crown may have difficulty proving the charge.

Penalties

• Maximum: The maximum is 10 years by indictment, or 2 years less a day on summary conviction.
• Minimum: There is no minimum sentence.
• New prohibition: The court can add a new driving ban (s. 320.24).
• Ontario: A further licence suspension follows a conviction.

Jail is possible, especially for repeat offences. The result depends on the facts of the case and your record.

Possible defences

• No valid prohibition: The order may have expired, or it may not cover that vehicle or date.
• Not operating: The Crown must prove you were driving or in care or control of the vehicle.
• The interlock exception: You were following the conditions of Ontario's interlock program.
• Charter issues: Police may have breached your rights during the stop or search.

If you are stopped while prohibited

Stay calm and do not argue at the roadside. Do not make statements about why you were driving. Write down what happened as soon as you can, and get legal advice before your first court date.

For example, someone driving to an urgent family situation still faces the charge. The reason may matter at sentencing, but it is not usually a defence.

What happens after you are charged

1. Release: Most people are released with conditions, often including a ban on driving.
2. Disclosure: The Crown provides the officer's notes and the licence and court records.
3. Records review: Your lawyer checks whether the prohibition was valid and covered the date.
4. Resolution or trial: The case either resolves or goes to trial.

Effects beyond the sentence

A conviction for driving while prohibited is a criminal record. Because the maximum is 10 years by indictment, it can make a permanent resident inadmissible for serious criminality. It also extends the time before you can drive again, which can affect your work and family life for years.

Possible outcomes

What to do now

• Gather every court order, suspension notice and Ministry of Transportation letter you received.
• Write down what you understood about your licence status before you drove.
• Do not drive again until you have confirmed your status with a lawyer or the Ministry.

Interlock program rules

Ontario's interlock program has strict rules. You may drive only a vehicle equipped with an approved device, you must keep up with the service and calibration appointments, and you must provide every sample the device requests. Driving a vehicle without the device, or allowing someone else to provide a sample for you, takes you outside the program's protection and can lead to a criminal charge.

Common situations

Driving while prohibited charges often arise when a person drives a family member's car in an emergency, drives a vehicle at work without thinking that the prohibition applies, or misunderstands when a prohibition ends. They also arise when a person in the interlock program drives a vehicle without the device. In each case, the exact wording of the order and the person's licence status on the date of driving are central.

Effects on the interlock program

A driving while prohibited conviction can affect your ability to join the interlock program later. Get advice before you resolve the case.

How we can help

We can check whether the prohibition was valid and in force, review the stop and explain your options. Call (647) 223-1980 for a free consultation.

Frequently asked questions