Failing to Stop when requested by a police officer - Criminal Code

Power of police officer to stop vehicle

216.(1) A police officer, in the lawful execution of his or her duties and responsibilities, may require the driver of a motor vehicle to stop and the driver of a motor vehicle, when signalled or requested to stop by a police officer who is readily identifiable as such, shall immediately come to a safe stop. R.S.O. 1990, c. H.8, s. 216 (1).

Offence

216.(2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable, subject to subsection (3),

1. to a fine of not less than $1,000 and not more than $10,000;
2. to imprisonment for a term of not more than six months; or
3. to both a fine and imprisonment. 1999, c. 13, s. 1 (1).

Escape by flight

216.(3) If a person is convicted of an offence under subsection (2) and the court is satisfied on the evidence that the person wilfully continued to avoid police when a police officer gave pursuit,

1. the person is liable to a fine of not less than $5,000 and not more than $25,000, instead of the fine described in clause (2) (a);
2. the court shall make an order imprisoning the person for a term of not less than 14 days and not more than six months, instead of the term described in clause (2) (b); and
3. the court shall make an order suspending the person’s driver’s licence,
   1. for a period of five years, unless subclause (ii) applies, or
   2. for a period of not less than 10 years, if the court is satisfied on the evidence that the person’s conduct or the pursuit resulted in the death of or bodily harm to any person. 1999, c. 13, s. 1 (1).