130 of the provincial and territorial Highway Safety Act or dangerous driving under sc. 249 of the Criminal Code (Akin, 2016). The driver can be charged with these offences regardless of whether it is a handheld or a hands-free device. Careless driving is one of the most serious offences in the Highway Traffic Act and is considered when a driver “drives a vehicle or street car on a highway without proper care and attention or without reasonable consideration for other persons using the highway” (Highway Traffic Act, 2017). The penalty for careless driving is a fine between $400-$2000, six demerit points, possibility of a six month jail term, and a license suspension of up to two years (Government of Ontario, Ministry of Transportation, 2016). Careless driving could also be reflected on the driver’s insurance premium for at least three years (Insurance Hotline, 2016). Additionally, a distracted driver could also be charged with dangerous driving which is a criminal offence that is classified as driving “a motor vehicle in a manner that is dangerous to the public and having reckless disregard for public safety” (Government of Canada, Criminal Code, 2017). The penalties for distracted driving include the loss of a driver’s license for a period of at least one year and a jail sentence. The driver can receive up to five years in prison, depending on whether the …show more content…
Distracted driving is an ongoing conversation as it is a serious national problem (Post Media Network, 2016). Currently, there is no federal government structure that exists that has the authority to support and/or solve the problem of distracted driving. Although distracted driving legislation of Canada is under the provincial and territorial Highway Safety Act and mainly comes with the fine and/or demerit point penalty (Russell, 2016). Quebec is the only province that has made the call of wanting distracted driving to be in the Criminal Code (Post Media Network, 2016). Many leaders of other provinces are on board and are interested in the idea because clearly not enough Canadians understand that distracted driving is dangerous and is becoming an extreme influence on the safety of roadways. The Manitoba government states that they are not actively pursuing changes to the Criminal Code and the Alberta government has not considered whether they are behind the idea or not. However, implementing distracted driving into the Criminal Code is ultimately up to the Federal government to decide (Logan, 2016). Essentially, most provinces want to create a measure in the Criminal Code for distracted driving to denounce and deter a behaviour that harms other people (Post Media Network,