Conveyances

• Author: Karen Jokinen/Peter Keen
• Pages: 215-231

215

Conveyances

13

I. Introduction ............................................. 216

II. Statutory Denitions ...................................... 216

A. Motor Vehicle ...................................... 218

B. Vessel ............................................. 220

C. Aircraft ............................................ 230

D. Railway Equipment .................................. 230

III. Conclusion .............................................. 231

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216 Impaired Driving and Other Criminal Code Driving Oences

I. Introduction

Counsel sometimes need to litigate whether the mode of transportation used by an

accused fits within the Criminal Code1 definitions. Driving oences involve the crimi-

nal use of four modes of transportation, now collectively known as conveyances:2

1. motor vehicles,

2. vessels,

3. aircraft, and

4. railway equipment.

This chapter reviews the definition of conveyance and the case law interpreting

the definitions of the four modes of transportation. We conclude that the new legisla-

tion has not changed the law in this area. This chapter specifically examines whether

less common modes of transportation, such as bicycles, e-bikes, snowmobiles, motor-

cycles, all-terrain vehicles, and canoes fall within the definitions above.

II. Statutory Definitions

The definitions are found in either section 2 or section 320.11 of the Criminal Code.

Prior to the new legislation, definitions were also found in section 214, so if you are

researching, that is the “historical” section you will find the case law under. It is

important to note the dierences between the old and new legislation in order to assist

counsel’s legal research.

Motor Vehicle

Old legislation:

2: motor vehicle means a vehicle that is drawn, propelled or driven by any means other

than muscular power, but does not include railway equipment.

New legislation:

This definition remains the same under the new legislation.

Vessel

Old legislation:

214: vessel includes a machine designed to derive support in the atmosphere primarily

from reactions against the earth’s surface of air expelled from the machine.

1 RSC 1985, c C-46.

2 See Criminal Code, ss 320.13 (dangerous operation), 320.14 (impaired or equal to or over the

per se limits), 320.16 (failure to stop after accident), 320.17 (flight from police), 320.18 (oper-

ation while prohibited).

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