In February 2026, West Vancouver Police announced charges against Derek Silva, a 38-year-old Squamish man, for dangerous operation of a motor vehicle and flight from police. The allegations stem from a late-evening incident on the Sea to Sky Highway the previous October. Police say an officer clocked a vehicle travelling westbound at very high speed and chose not to pursue. Instead, they coordinated with other agencies to intercept the driver further along the route.
The allegations have not been proven in court. Mr. Silva is presumed innocent. But the case is a useful window into how these charges work in British Columbia, what police strategy now looks like, and why anyone facing similar charges needs experienced representation.
What the charges actually mean
Dangerous operation of a motor vehicle is a Criminal Code offence under section 320.13. It requires the Crown to prove that the person operated a vehicle in a manner that was dangerous to the public, considering all the circumstances, and that the manner of operation represented a marked departure from the standard of care a reasonable person would have exercised.
Flight from police is a separate Criminal Code offence under section 320.17. It requires the Crown to prove that the person was being pursued by a peace officer, was aware of the pursuit, and failed to stop without reasonable excuse.
Both charges are hybrid offences. The Crown can proceed summarily or by indictment. Indictment exposes the accused to significantly higher maximum penalties. If there is bodily harm involved, or if a death occurs, the charges escalate further, and the maximum penalties rise accordingly.
The new BC policing approach visible in this case
One of the notable features of the Silva investigation is that the West Vancouver officer did not pursue. Pursuits on the Sea to Sky are dangerous for everyone. Instead, the officer coordinated with BC Highway Patrol to intercept the vehicle further along.
This has become a common approach in BC. Rather than engaging in pursuits, police now frequently rely on coordinated interceptions, aerial support, ALPR (automated licence plate recognition) systems, and after-the-fact investigation using dashcam and traffic camera footage. For drivers, this means that what feels like getting away at the moment is often not getting away at all. Charges can be laid days, weeks, or months after the incident, once the investigation comes together.
What the Crown has to prove
The Crown’s theory in a case like this typically has three parts. First, the Crown must identify the accused as the driver. Second, the Crown must prove the manner of driving met the legal definition of dangerous. Third, the Crown must prove the flight element, which means proving awareness of pursuit and failure to stop.
Each of these elements has a defence. Identification cases often turn on whether the officer who saw the driving is the same officer who later located the driver, or whether there was a break in the chain. Dangerous operation requires a marked departure, not just poor driving. Flight from police requires actual awareness of a pursuit, which can be more complicated than it sounds if the police did not use lights, sirens, or marked vehicles at the moment in question.
Penalties in British Columbia
A dangerous operation conviction carries a mandatory minimum federal driving prohibition of one year on a first offence, longer for subsequent offences. In BC, a conviction also triggers action by the Superintendent of Motor Vehicles under the Motor Vehicle Act, which includes a separate provincial prohibition, increased insurance premiums through ICBC, and in some cases a referral to the Responsible Driver Program.
If the dangerous operation is connected to street racing or stunt driving, the penalties compound further. Vehicles can be impounded, and under the Civil Forfeiture Act, the vehicle itself can be forfeited to the Crown.
Jail sentences are on the table for dangerous operation, particularly where the Crown proceeds by indictment, where there is prior history, or where the manner of driving was particularly extreme.
Why these cases are harder to defend alone than they look
Dangerous driving cases often look open and shut to the person charged. The speed was what it was. The manner of driving was what it was. But the Crown still has to prove every element beyond a reasonable doubt, and the record-keeping in these cases is often weaker than the Crown initially thinks.
Radar and laser devices have to be properly calibrated and operated. The officer’s observations have to be recorded contemporaneously. In multi-officer investigations like the one on the Sea to Sky, the chain of who saw what and when is often fragmented across multiple reports from multiple detachments. These fragments are where defences live.
What a lawyer specifically does on a dangerous operation and flight case
A defence lawyer working on a file like this does the following things, which are beyond the practical reach of most self-represented accused.
A lawyer obtains all multi-agency disclosure. When a case involves West Vancouver Police, BC Highway Patrol, and possibly other detachments, each agency has its own records, its own dispatch logs, and its own radio traffic. Coordinating disclosure across multiple agencies is a process in itself.
A lawyer reviews the technical evidence. Speed measurements, GPS data from police vehicles, and any in-car video all have to be tested. Devices have maintenance records. Operators have training records. These records are not handed over voluntarily. They have to be requested, followed up, and sometimes compelled.
A lawyer tests identification carefully.
In pursuits and interceptions, there can be minutes or hours between when the dangerous driving was observed and when the accused was located. A lawyer probes whether the person arrested is actually the person observed, whether the vehicle was continuously in sight, and whether any alternative explanation has been ruled out.
A lawyer weighs resolution options. Dangerous operation files sometimes resolve to lesser offences like driving without due care and attention under the Motor Vehicle Act, which is not a criminal offence and does not carry a criminal record. Whether that kind of resolution is available depends on the facts and the Crown’s position, and negotiating it requires credibility and experience.
Frequently asked questions
Police did not catch me that day. They showed up at my door days later with charges. Is that allowed?
Yes. Criminal charges can be laid any time within the applicable limitation period, and for indictable offences, there is no limitation period. What matters is what evidence the police gathered and whether it supports the charges. Delayed charges can sometimes be challenged if the delay itself affected your ability to defend the case, but the passage of time alone does not make the charges improper.
I did not know it was a police vehicle behind me. Can I still be convicted of flight from police?
Flight from police requires awareness that you were being pursued by a peace officer. If the circumstances genuinely did not communicate that to you, there is a defence. Whether a court accepts that argument depends on what lights, sirens, and markings were in play, what you did in response, and how the officer described the pursuit.
Will I go to jail for a dangerous driving conviction if nobody was hurt?
Not necessarily. First-time dangerous operation convictions without injury often resolve with a fine, a driving prohibition, and probation. Jail becomes much more likely when there are aggravating features such as extreme speeds, injuries, prior record, flight from police, or a combination. A lawyer can assess where your case sits on that spectrum.
Can ICBC cancel my insurance or deny a claim because of this?
ICBC can take action based on driving conduct, and a dangerous operation conviction, or even an allegation in some circumstances, can lead to rate increases, coverage limitations, and denial of claims connected to the incident. The ICBC consequences are separate from the criminal consequences and often worth factoring into your decision about how to fight the charges.
My friend was in the car. Will they be charged too?
Passengers are generally not charged with dangerous driving. However, if the investigation reveals that the passenger was involved in organizing a race, encouraging the driving, or interfering with the driving, there are scenarios where charges can follow. Anyone who was in the vehicle should be cautious about what they say to investigators.
I was stopped for dangerous driving but the officer only gave me a ticket. Can they still charge me later?
Yes. Receiving a Motor Vehicle Act ticket does not prevent a later Criminal Code charge if the investigation warrants it. A lawyer reviewing the file early can sometimes help steer the outcome toward the ticket remaining the only consequence.
