The defendant was charged with care or control of a motor vehicle with more than 80 mg of alcohol in 100 ml of blood.
A voir dire was held to determine the admissibility of statements made by the defendant to the investigating officer at the scene.
The defendant argued that his statements were statutorily compelled under section 199 of the Ontario Highway Traffic Act and should be excluded pursuant to the principle against self-incrimination under section 7 of the Charter.
The Crown argued there was no statutory compulsion.
The court found that section 199 had no applicability to the minor accident in question, that the defendant did not provide an accident report, and that the defendant's belief he was compelled to answer questions was unreasonable and not credible.
The Charter application was dismissed and the defendant's statements were admitted.
