The respondent was involved in a motor vehicle accident and subsequently made three statements to police regarding the incident.
She was charged with failing to stop at the scene of an accident under the Criminal Code.
The trial judge excluded the statements under s. 24(1) of the Charter, finding they were compelled by the provincial Motor Vehicle Act and their admission would violate the principle against self-incrimination under s. 7.
The Supreme Court of Canada dismissed the Crown's appeal, holding that statements made under the statutory compulsion of the Motor Vehicle Act are inadmissible in criminal proceedings against the declarant.
The Court established that a statement is compelled if the driver honestly and reasonably believes they are required by law to report the accident.
