The length of the mandatory driving prohibitions increase with second and subsequent offences. 08, the court must impose a mandatory driving prohibition of at least one year and not more than three years for a first offence. A person convicted of one of these offences can be subject to a prohibition on driving a motor vehicle for a certain period of time.įor convictions for impaired driving or driving over. 08 driving causing bodily harm or death, dangerous driving (including dangerous driving causing bodily harm or death), and street racing.
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The Criminal Code contains several offences related to driving a motor vehicle, including driving while impaired or with a blood alcohol count greater than eighty milligrams of alcohol in one hundred millilitres of blood (".08"), impaired or. As well, there is a lifetime prohibition on possessing prohibited firearms or weapons (such as fully automatic firearms), and restricted firearms (such as handguns). However, even for first offences, the court can impose a lifetime prohibition if the convicted person used a weapon against the convicted person's intimate partner, the convicted person's children, or any person living with the convicted person. For subsequent offences, the convicted person is prohibited from possessing a weapon for life.
įor first offences, the court can set the prohibition period as any time up to ten years. In other cases, the court has discretion whether to impose a prohibition on possession. In the case of certain offences, the prohibition on possession is mandatory.
When a person is convicted of an offence in which the person used a weapon, or threatened to use a weapon, the sentencing court has the power to prohibit the person from possessing a weapon for a certain period of time. Restrictions can be placed on certain activities following a conviction involving: (1) the use of weapons in the commission of a criminal offence (2) driving a vehicle while impaired by alcohol or drugs (3) electoral corruption. In Canada, criminal law is a federal matter, set out in the Criminal Code.
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