Failing to stop for police while driving is a criminal offence in its own right, separate from whatever conduct originally prompted police to try to stop the vehicle. This guide explains how flight from a peace officer is defined under section 320.17 of the Criminal Code, how it differs from other driving offences, potential penalties, and what generally happens after this kind of charge in Ontario. It is general legal information, not legal advice about a specific case.
What Does This Offence Require?
Section 320.17 of the Criminal Code makes it an offence for a person operating a motor vehicle or vessel who, while being pursued by a peace officer, fails, without reasonable excuse, to stop as soon as is reasonable in the circumstances. The offence requires that the person actually be aware they are being pursued by police, since a person who genuinely did not realize police were signalling them to stop has not committed this offence, though the Crown can rely on circumstantial evidence, such as activated emergency lights and sirens, to establish that awareness.
No Collision or Injury Required
This offence does not require proof of a collision, an injury, or any other specific consequence. The Crown only needs to prove that the person was being pursued, was aware of the pursuit, and failed without reasonable excuse to stop as soon as reasonably possible. This means the offence can be made out based entirely on a failure to stop, even where the vehicle is eventually recovered without incident and no one is hurt.
Classification and Penalties
Flight From a Peace Officer (Section 320.17) at a Glance
- Classification
- Hybrid offence (Crown elects summary conviction or indictment)
- Maximum penalty – indictment
- Up to 10 years imprisonment
- Maximum penalty – summary conviction
- Up to 2 years less a day and/or a fine
- Mandatory minimum sentence
- None for a standard section 320.17 charge
These figures reflect the Criminal Code as of this page's last update. Unlike some other driving-related offences, section 320.17 does not itself contain separate, higher maximum penalties for bodily harm or death; instead, additional charges under other sections generally apply where the flight results in harm, as discussed below. A criminal lawyer can confirm the current state of the law for a specific case.
Additional Charges Where Harm Results
Where a police pursuit results in a collision causing injury or death, the person fleeing is typically charged with additional, more serious offences on top of the flight charge itself, such as dangerous operation causing bodily harm or death, or, in especially serious cases, offences related to homicide, discussed on our homicide offences page. This layered charging approach means that the actual sentencing exposure in a pursuit that results in serious harm can be far higher than the 10-year maximum for the flight charge alone.
Police pursuits are governed by internal policies that generally require officers to weigh public safety risks before continuing a chase. While these policies do not affect whether the fleeing driver committed an offence, they can sometimes become relevant where a pursuit itself contributed to a collision involving a third party.
How This Relates to Other Driving Charges
Flight from police is often charged alongside the offence that originally prompted the attempted stop, such as impaired driving or driving while prohibited, since a person already facing one of these charges may have an added incentive to avoid being stopped. It is also distinct from, but can overlap with, dangerous driving, since the manner of fleeing can itself independently meet the threshold for a dangerous operation charge.
Fleeing from police, even briefly, tends to escalate a situation that might otherwise have been resolved through a routine traffic stop. Courts recognize this dynamic and generally treat flight charges seriously given the public safety risks a pursuit can create, regardless of the reason the person wanted to avoid being stopped.
Possible Defences
Defending this charge often focuses on whether the person actually knew they were being pursued by police, as opposed to being genuinely unaware, for example due to loud music, hearing difficulties, or a delay in noticing emergency lights in certain traffic or weather conditions. Whether the person stopped "as soon as is reasonable in the circumstances," which can account for a brief delay while looking for a safe place to pull over, is also a common issue. A criminal lawyer should review the specific circumstances, including any dashcam or cruiser video footage, before advising on possible defences.
What Happens After This Charge
Given the public safety concerns associated with fleeing police, a person charged with this offence may face a contested bail hearing, particularly where the flight involved significant risk to others. The case then proceeds through the standard court process, including disclosure of dashcam footage, GPS tracking data, and officer notes from the pursuit, before moving toward a resolution or a trial. See our sentencing overview and criminal records overview for more.
Sentencing for flight from police considers factors such as the speed and duration of the pursuit, the areas travelled through, particularly whether they were densely populated or included pedestrians, and whether the person had a prior related record. A short pursuit quickly ended safely is generally viewed differently from a prolonged, high-speed chase through residential streets, even where both technically meet the same legal definition. See our sentencing overview for the general principles Ontario courts apply.
Frequently Asked Questions
Do I have to know I'm being pursued to be charged with this offence?
Yes. The Crown must prove the person was aware they were being pursued by police and failed to stop despite that awareness. A person genuinely unaware of the pursuit has not committed this specific offence, though this can be a difficult issue to establish.
Does anyone need to be hurt for this charge to apply?
No. This offence can be made out based entirely on the failure to stop, without any collision, injury, or other specific consequence resulting from the pursuit.
What happens if someone is injured during the pursuit?
Additional, more serious charges typically apply on top of the flight charge itself, such as dangerous driving causing bodily harm or death, significantly increasing the overall sentencing exposure.
Is briefly continuing to drive while looking for a safe place to stop a defence?
Potentially, since the legal standard is stopping as soon as is reasonable in the circumstances, which can account for a brief, genuine effort to find a safe stopping location. This depends heavily on the specific facts.
Can this charge apply to boats and other vessels, not just cars?
Yes. Section 320.17 applies to a motor vehicle or vessel being pursued by a peace officer, so it is not limited to road vehicles.