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Flight From a Peace Officer


Fleeing from a peace officer is a serious criminal offence in Canada. It involves evading police when directed to stop and can result in severe legal consequences.

Flight From a Peace Officer: Criminal Code Definition

Flight from a peace officer is defined under Section 320.17 of the Criminal Code:

320.17: Everyone commits an offence who operates a motor vehicle or vessel while being pursued by a peace officer and who fails, without reasonable excuse, to stop the motor vehicle or vessel as soon as is reasonable in the circumstances.

Elements of Flight From a Peace Officer

To prove flight from a peace officer, the Crown must establish:

  • The identity of the accused.
  • The date and location of the incident.
  • That the accused was operating a vehicle.
  • That the accused was pursued by a peace officer.
  • That the accused failed to stop as soon as reasonable.

Potential Penalties for Flight From a Peace Officer

Penalties for flight from a peace officer include:

  • Summary Conviction: Up to 2 years less a day in prison and/or a fine.
  • Indictable Offence: Up to 10 years in prison.

Click here to learn more about the potential penalties for flight from a peace officer.

Defences Available for Flight From a Peace Officer

Possible defences include:

  • Lack of knowledge of the police pursuit.
  • Reasonable excuse for failing to stop.
  • Mistaken identity.
  • Improper conduct by the police.

Click here to learn more about the potential defences available for flight from a peace officer charges.

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