Overview
This article provides a brief summary of the law
in relation to the Criminal Code offence of failing to remain at the
scene of an accident. In most provinces, a provincial driving
statute such as the Ontario Highway Traffic Act may also
regulate the law in relation to failing to remain at the scene of an
accident. This article does not consider the law with respect to
those provincial statutes.
If you or someone you know has been charged with failing to remain
at the scene of an accident, contact a
criminal lawyer.
Section 252(1) of the Criminal Code of Canada
creates the offence of failing to stop at the scene of an accident.
Proving a conviction for fail to stop
To obtain a conviction for failing to stop at the
scene of an accident, the Crown must prove beyond a reasonable doubt
that:
(1) the accused had the care, charge or
control of a vehicle
(2) that the vehicle was involved in an
accident;
(3) the accident was with either (i)
another person or (ii) a vehicle;
(4) the accused, with the intent to escape
civil or criminal liability failed to
(i) stop the vehicle;
(ii) give his or her name and address; and
(iii) where any person has been injured or appears to require
assistance, offer assistance.
Is it a crime to fail to remain at the
scene of a single motor vehicle accident?
There is no requirement imposed by the
Criminal Code of Canada to remain at the scene of an accident
involving only a single motor vehicle if there are no injuries to
any passengers of that vehicle. The Criminal Code imposes
obligations on a driver to remain at the scene of an accident if
another person or vehicle was involved in that accident.
What information is required before
discharging one’s duties to remain at the scene of an accident?
A person involved in an accident involving a
another person or vehicle must communicate his name and address in
some meaningful and effective way to bring home to the other party
that information, so that he or she may follow it up with the police
or by pressing a civil claim, knowing that he or she has the right
person. Once this is done, the person has discharged their duties at
the scene.
Can the duty to remain at the scene of an
accident be delegated to another person?
Section 252 of the Criminal Code of Canada
imposes a personal obligation on the person involved in the accident
to remain at the scene for the purpose of providing assistance and
their personal information as required by law. This duty cannot be
delegated to others such as the passenger of the vehicle involved in
the accident.
What if a person leaves the scene briefly
before returning?
The court will look at the reason why a person
left the scene of an accident to determine whether they intended to
intended to evade civil or criminal responsibility. If the Court
concludes that the person left to obtain assistance and not evade
responsibility, they will be found not guilty of the offence.
Must there be damage or injury before a
person is required to stop a vehicle and render assistance?
The term "accident" within section 252(1) of the
Criminal Code of Canada does not require any real physical
damage before a person is obligated to stop and offer assistance.
Rather, an accident will be deemed to have occurred when any form of
contact is initiated between two vehicles and not only where damage
or injury occurs.
Accident with an
unoccupied vehicle – must the driver stop?
Even in cases where there is no occupant in the
other vehicle (such as a parked car), there is still an obligation
for the driver to stop and make efforts to locate the driver or
leave their personal information. A failure to stop and make such
efforts could result in a conviction.
What if the driver did not know an
accident has occurred – is he still guilty if he didn’t stop?
A driver only has an obligation to stop once he
is aware an accident has occurred. It is a valid defence to the
charge of failing to stop at the scene of accident to say that the
driver was unaware he has struck another person or vehicle.
What are the penalties for failing to
stop at the scene of an accident?
The penalties for failing to stop at the scene of
an accident can rage from no time in jail to a maximum of 10 years
in jail if a person is injured or killed. The maximum punishment for
all other cases is five years in jail.
During the sentencing phase, the judge may also
consider suspending an accused person’s driver’s license for a
period of time in addition to jail or a monetary fine. In all cases,
a judge will assess the specific facts of the allegation that is
before them and the history of the person being sentenced.
Appealing a conviction or sentence for
Failing to Stop:
It is always possible to appeal a convction or
sentence for any charge including failing to stop. To read
more about the criminal appeal process read:
Appealing a
criminal conviction or sentence. In some instances, it is also
possible to suspend the driving prohibition in order to get back a
drivers license pending the outcome of one's appeal.
If you, or someone you know has been charged with
failing to remain at the scene of an accident under section 252 of
the Criminal Code of Canada, you should speak with a criminal lawyer
to discuss the available defences to this charge. I can be
reached at 416.297.7200 for a
free consultation.
Related Articles
Defending
Drinking and Driving Charges
Defending
Dangerous Driving Charges
