IDENTIFICATION OF THE DRIVER AFTER A CRASH - TRAFFIC SAFETY ACT STATEMENTS
Sunday, September 27, 2015 at 5:29PM Identifying the driver after a crash has occurred can be problematic. In Alberta, Criminal Code charges were laid as a result of a fatal collision. The investigation involved a statement from Mr. Porter pursuant to Traffic Safety Act legislation. The accused was acquitted and that acquittal was upheld by the Alberta Court of Appeal. Officers should always consult your local provincial legislation. With respect to Alberta, the case reviewed the following issue:
At issue is the use, if any, that can be made of information contained in compulsory accident reports made to police under s 71 of the Traffic Safety Act and compulsory statements made to insurers for insurance purposes following an accident. Can those statements or the information contained in them be admitted in criminal proceedings arising out of the accident? Can the information obtained through those statements be used as part of the reasonable and probable grounds of an informant in an Information to Obtain a Search Warrant or Production Order? R. v. Porter, 2015 ABCA 279