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Criminal Code

s. 320.2 Punishment in Case of Bodily Harm

Punishment in case of bodily harm

  • Impaired Driving & Transportation
  • Impaired Driving
Maximum sentence
14 years (indictable) / 2 years less a day (summary)
Classification
Not an offence

Last verified: June 2026 · Source: laws-lois.justice.gc.ca

The law says

Criminal Code s. 320.2
Verify on justice.gc.ca(opens in a new tab)

Every person who commits an offence under subsection 320.13(2), 320.14(2), 320.15(2) or 320.16(2) is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of, (i) for a first offence, a fine of $1,000, (ii) for a second offence, imprisonment for a term of 30 days, and (iii) for each subsequent offence, imprisonment for a term of 120 days; or

  • (b)an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to the minimum punishments set out in subparagraphs (a)(i) to (iii).
Amendment History (2)
  • 2018, c. 21, s. 15
  • 2019, c. 25, s. 402

Justice Laws is the authoritative version. If this copy and it ever differ, Justice Laws wins.

Immigration

Where this offence sits under IRPA

This section is a punishment rule, not a separate offence. It sets the sentence for the bodily-harm versions of four offences. Two are dangerous operation (s. 320.13(2)) and impaired operation (s. 320.14(2)). The other two are refusal to comply (s. 320.15(2)) and failure to stop after an accident (s. 320.16(2)). The top sentence on indictment is 14 years. That puts every one of those charges in serious criminality under IRPA s.36(1). And s.36(3)(a) treats them as indictable even when the Crown chose the summary track. No deemed rehabilitation is available at that level. The route is a record suspension for a conviction in Canada (s.36(3)(b)), or an application to be found rehabilitated for one outside Canada (s.36(3)(c)). For that application, the wait runs from the end of the sentence imposed (IRPR r.17).

This is how the law sorts the offence, not a reading of any one record. An officer decides each case.

IRPA sections involved

Guides on offences like this one

No guide cites this section directly. These guides cite related offences.

Reckless Driving Conviction Entry to CanadaCan You Enter Canada with a DUI?US Misdemeanor Entry to Canada

Related sections

Criminal Code s. 320.13Dangerous OperationHybridCriminal Code s. 320.14Operation While ImpairedHybridCriminal Code s. 320.15Failure or Refusal to Comply with DemandHybrid