TORONTO CRIMINAL and DUI LAWYERS
FAQ - Impaired Causing Bodily Harm
1. What is operation while impaired causing bodily harm?
Operation while impaired causing bodily harm can be done in four different ways.
By operating a conveyance while the person's ability to operate the conveyance is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug and while operating the conveyance, causing bodily harm to another person.¹
By having, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood and while operating the conveyance, causing bodily harm to of another person.² By having, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation and while operating the conveyance, causing bodily harm to another person.³
By having, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined and while operating the conveyance, causing bodily harm to another person.⁴
¹ "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1)(a), 320.14(2).
² "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1)(b), 320.14(2).
³ "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1)(c), 320.14(2).
⁴ "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1)(d), 320.14(2).
2. What is a "Conveyance" in this Context?
A conveyance is defined as a motor vehicle, a vessel, an aircraft, or railway equipment.⁵
⁵ "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.11.
3. What is a "Motor Vehicle" in this Context?
A motor vehicle is defined as a vehicle that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment.⁶
⁶ "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 2.
4. What is "Operation" in this Context?
To operate is defined as in respect of a motor vehicle, to drive the motor vehicle or to have care or control of the motor vehicle;⁷ in respect of a vessel or aircraft, to navigate the vessel or aircraft, to assist in the vessel's or aircraft's navigation or to have care or control of the vessel or aircraft;⁸ and in respect of railway equipment, to participate in the direct control of the railway equipment's motion, or to have care or control of the railway equipment as a member of the equipment's crew, as a person who acts in lieu of a member of the equipment's crew by remote control, or otherwise.⁹
⁷ "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.11.
⁸ "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.11.
⁹ "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.11.
5. What are the prohibited blood drug concentrations?
The prescribed blood drug concentrations for the offence of operation while impaired causing death by having, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation and while operating the conveyance, causing bodily harm to another person is as follows.
Tetrahydrocannabinol (THC) is 5 ng/mL of blood.¹⁰
Lysergic acid diethylamide (LSD) is any detectable level.¹¹
Psilocybin is any detectable level.¹²
Psilocin is any detectable level.¹³
Phencyclidine (PCP) is any detectable level.¹⁴
6-Monoacetylmorphine is any detectable level.¹⁵
Ketamine is any detectable level.¹⁶
Cocaine is any detectable level.¹⁷
Gamma hydroxybutyrate (GHB) is 5 mg/L of blood.¹⁸
Methamphetamine is any detectable level.¹⁹
The prescribed blood alcohol concentration is 50 mg of alcohol per 100 mL of blood and the prescribed blood drug concentration for tetrahydrocannabinol (THC) is 2.5 ng of THC per mL of blood for the offence of operation while impaired causing death by having, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined and while operating the conveyance, causing the death of another person.²⁰
¹⁰ "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1)(c), 320.14(3), read in context with "Blood Drug Concentration Regulations (SOR/2018-148)" (14 June 2026) https://laws-lois.justice.gc.ca/eng/regulations/SOR-2008-196/FullText.html at s 2.1.
¹¹ "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1)(c), 320.14(3), read in context with "Blood Drug Concentration Regulations (SOR/2018-148)" (14 June 2026) https://laws-lois.justice.gc.ca/eng/regulations/SOR-2008-196/FullText.html at s 2.2.
¹² "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1)(c), 320.14(3), read in context with "Blood Drug Concentration Regulations (SOR/2018-148)" (14 June 2026) https://laws-lois.justice.gc.ca/eng/regulations/SOR-2008-196/FullText.html at s 2.3.
¹³ "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1)(c), 320.14(3), read in context with "Blood Drug Concentration Regulations (SOR/2018-148)" (14 June 2026) https://laws-lois.justice.gc.ca/eng/regulations/SOR-2008-196/FullText.html at s 2.4.
¹⁴ "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1)(c), 320.14(3), read in context with "Blood Drug Concentration Regulations (SOR/2018-148)" (14 June 2026) https://laws-lois.justice.gc.ca/eng/regulations/SOR-2008-196/FullText.html at s 2.5.
¹⁵ "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1)(c), 320.14(3), read in context with "Blood Drug Concentration Regulations (SOR/2018-148)" (14 June 2026) https://laws-lois.justice.gc.ca/eng/regulations/SOR-2008-196/FullText.html at s 2.6.
¹⁶ "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1)(c), 320.14(3), read in context with "Blood Drug Concentration Regulations (SOR/2018-148)" (14 June 2026) https://laws-lois.justice.gc.ca/eng/regulations/SOR-2008-196/FullText.html at s 2.7.
¹⁷ "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1)(c), 320.14(3), read in context with "Blood Drug Concentration Regulations (SOR/2018-148)" (14 June 2026) https://laws-lois.justice.gc.ca/eng/regulations/SOR-2008-196/FullText.html at s 2.8.
¹⁸ "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1)(c), 320.14(3), read in context with "Blood Drug Concentration Regulations (SOR/2018-148)" (14 June 2026) https://laws-lois.justice.gc.ca/eng/regulations/SOR-2008-196/FullText.html at s 2.9.
¹⁹ "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1)(c), 320.14(3), read in context with "Blood Drug Concentration Regulations (SOR/2018-148)" (14 June 2026) https://laws-lois.justice.gc.ca/eng/regulations/SOR-2008-196/FullText.html at s 2.10.
²⁰ "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1)(d), 320.14(3), read in context with "Blood Drug Concentration Regulations (SOR/2018-148)" (14 June 2026) https://laws-lois.justice.gc.ca/eng/regulations/SOR-2008-196/FullText.html at s 3.
6. What is "bodily harm" in this Context?
Bodily harm means any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature.²¹
²¹ "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 2.
7. What is a source of jurisprudence about the offence of operation while impaired causing bodily harm?
The Court of Appeal for Ontario, in *R v Kelly*,²² defined what causing another person's death means in the related offence of operation while impaired causing death. The British Columbian case *R v Fast*²³ accepted *R v Kelly* as a persuasive authority in defining what causing another person's bodily harm means in the offence of operation while impaired causing bodily harm.²⁴ So, I apply *R v Kelly* to the offence of operation while impaired causing bodily harm.
²² "R. v. Kelly, 2025 ONCA 92" https://coadecisions.ontariocourts.ca/coa/coa/en/item/23023/index.do.
²³ "R. v Fast, 2026 BCSC 623 (CanLII)" https://www.canlii.org/en/bc/bcsc/doc/2026/2026bcsc623/2026bcsc623.html.
²⁴ "R. v Fast, 2026 BCSC 623 (CanLII)" https://www.canlii.org/en/bc/bcsc/doc/2026/2026bcsc623/2026bcsc623.html at paras 1, 3, 45, 48-49, 53, 59-60, 62.
8. What is "causing bodily harm to another person" in this Context?
An accused can only be convicted of operation while impaired causing bodily harm when legal causation is established, by which is meant that the accused's action while operating a conveyance unlawfully due to being impaired or having an excessive concentration of an intoxicant in the body was a significant cause of another person's bodily harm.²⁵ Establishing merely that the accused was operating a conveyance unlawfully due to being impaired or having an excessive concentration of an intoxicant in the body when the conveyance caused another person to die does not suffice to convict the accused of operation while impaired causing bodily harm,²⁶ but there is no requirement for proof of a causal link between the accused's impairment and/or the accused's excessive bodily concentration of intoxicants and the accident causing the bodily harm before an accused can be convicted of operation while impaired causing bodily harm.²⁷
²⁵ "R. v. Kelly, 2025 ONCA 92" https://coadecisions.ontariocourts.ca/coa/coa/en/item/23023/index.do at paras 1-2, 31-33, 48, as applied to the offence established by "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.14(2).
²⁶ "R. v. Kelly, 2025 ONCA 92" https://coadecisions.ontariocourts.ca/coa/coa/en/item/23023/index.do at paras 1-2, 23-25, 29, 31-33, 39, 46-48, as applied to the offence established by "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.14(2).
²⁷ "R. v. Kelly, 2025 ONCA 92" https://coadecisions.ontariocourts.ca/coa/coa/en/item/23023/index.do at paras 1-2, 9, 27, 49, as applied to the offence established by "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.14(2).
9. What is legal causation of bodily harm in this Context?
The test for legal causation is whether an accused's unlawful acts were a significant contributing cause of bodily harm.²⁸ Legal causation is a narrowing concept which funnels a wider range of factual causes into those which are sufficiently connected to a harm to warrant legal responsibility.²⁹ In circumstances where factual causation is established, evidence of some new event can sever the chain of causation, making the accused's unlawful act no longer a significant contributing cause of bodily harm.³⁰ Neither an unforeseeable intervening act nor an independent intervening act is necessarily a sufficient condition to break the chain of legal causation, and the fact that the intervening act was reasonably foreseeable or was not an independent act is not necessarily a sufficient condition to establish legal causation.³¹ The mere fact that the specific intervening act was not reasonably foreseeable or was ill-advised does not mean that the intervening act negates another act's legal causation in causing bodily harm.³² The key issue is whether the risk of non-trivial harm was within the scope of risk created by the accused's unlawful operation of a conveyance.³³
²⁸ "R. v. Maybin, 2012 SCC 24, \[2012\] 2 S.C.R. 30" https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/8011/index.do at para 5, as applied to an offence merely causing bodily harm in "R. v. Campbell, 2025 ONSC 6608 (CanLII)" https://www.canlii.org/en/on/onsc/doc/2025/2025onsc6608/2025onsc6608.html at paras 1-3, 20.
²⁹ "R. v. Maybin, 2012 SCC 24, \[2012\] 2 S.C.R. 30" https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/8011/index.do at para 16, as applied to an offence merely causing bodily harm in "R. v. Campbell, 2025 ONSC 6608 (CanLII)" https://www.canlii.org/en/on/onsc/doc/2025/2025onsc6608/2025onsc6608.html at paras 1-3, 15.
³⁰ "R. v. Maybin, 2012 SCC 24, \[2012\] 2 S.C.R. 30" https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/8011/index.do at paras 23, 28, as applied to an offence merely causing bodily harm in "R. v. Campbell, 2025 ONSC 6608 (CanLII)" https://www.canlii.org/en/on/onsc/doc/2025/2025onsc6608/2025onsc6608.html at paras 1-3, 16.
³¹ "R. v. Maybin, 2012 SCC 24, \[2012\] 2 S.C.R. 30" https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/8011/index.do at para 28, as applied to an offence merely causing bodily harm in "R. v. Campbell, 2025 ONSC 6608 (CanLII)" https://www.canlii.org/en/on/onsc/doc/2025/2025onsc6608/2025onsc6608.html at paras 1-3, 20.
³² "R. v. Campbell, 2025 ONSC 6608 (CanLII)" https://www.canlii.org/en/on/onsc/doc/2025/2025onsc6608/2025onsc6608.html at paras 1-3, 8, 10, 23, 26, 30, 35.
³³ "R. v. Campbell, 2025 ONSC 6608 (CanLII)" https://www.canlii.org/en/on/onsc/doc/2025/2025onsc6608/2025onsc6608.html at paras 1-3, 29, as applied to the offence established by "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.14(2).
10. What is a situation in which an accused's action while operating a conveyance unlawfully due to being impaired or having an excessive concentration of an intoxicant in the body is not legal causation of another person's bodily harm?
When another person's bodily harm is caused by an unavoidable accident, the accused's action while operating a conveyance unlawfully due to being impaired or having an excessive concentration of an intoxicant in the body is not legal causation of another person's bodily harm.³⁴
³⁴ "R. v. Kelly, 2025 ONCA 92" https://coadecisions.ontariocourts.ca/coa/coa/en/item/23023/index.do at paras 1-2, 31-33, 42-44, 48, as applied to the offence established by "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.14(2).
11. What makes an accident unavoidable?
When an accident is caused by another person's action rather than by an accused's faulty operation of a conveyance, the accident is unavoidable.³⁵ In this context, the fact that an accused responds to this other person's action by making a choice, even a choice with harmful consequences, may not suffice to make the accident unavoidable when the accused's choice is reasonable in the circumstances.³⁶
³⁵ Such is how I interpret "R. v Phan, 2015 ONSC 2088 (CanLII)" https://www.canlii.org/en/on/onsc/doc/2015/2015onsc2088/2015onsc2088.html at paras 3, 76-82, endorsed by "R. v. Kelly, 2025 ONCA 92" https://coadecisions.ontariocourts.ca/coa/coa/en/item/23023/index.do at paras 41-45, as applied to the offence established by "Criminal Code (R.S.C., 1985, c. C-46)" (5 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.14(2).
³⁶ Such is how I interpret "R. v Phan, 2015 ONSC 2088 (CanLII)" https://www.canlii.org/en/on/onsc/doc/2015/2015onsc2088/2015onsc2088.html at paras 3, 78-79, indirectly endorsed by "R. v. Kelly, 2025 ONCA 92" https://coadecisions.ontariocourts.ca/coa/coa/en/item/23023/index.do at paras 41-45.