N/A, sentencing provision listing aggravating circumstances
Not an offence. When sentencing any transportation offence under sections 320.13 to 320.18, the court must treat the listed circumstances as aggravating: multiple people hurt or killed, street racing, a passenger under 16, driving for pay, a blood alcohol concentration of 120 mg or more, operating a large motor vehicle, or driving while not permitted to. Aggravating circumstances push sentences up, and sentence length matters under IRPA: a sentence of more than six months in prison makes the conviction serious criminality under s.36(1)(a) even where the offence itself is not.
Not an offence either. This is the list of things that make a driving offence sentence worse: more than one person hurt or killed, street racing, a child under 16 in the vehicle, driving for pay, a blood alcohol level of 120 or more, a large vehicle, or driving while banned. It matters for immigration because longer sentences do: more than six months in prison turns a conviction into serious criminality.
A court imposing a sentence for an offence under any of sections 320.13 to 320.18 shall consider, in addition to any other aggravating circumstances, the following: (a) the commission of the offence resulted in bodily harm to, or the death of, more than one person; (b) the offender was operating a motor vehicle in a race with at least one other motor vehicle or in a contest of speed, on a street, road or highway or in another public place; (c) a person under the age of 16 years was a passenger in the conveyance operated by the offender; (d) the offender was being remunerated for operating the conveyance; (e) the offender’s blood alcohol concentration at the time of committing the offence was equal to or exceeded 120 mg of alcohol in 100 mL of blood; (f) the offender was operating a large motor vehicle; and (g) the offender was not permitted, under a federal or provincial Act, to operate the conveyance.