Failure to stop at the scene of an accident is a Criminal Code of Canada offence with serious consequences in Alberta. A conviction produces a criminal record and can include a driving prohibition and jail. Where the accident caused bodily harm or death, the maximum sentences increase substantially. The federal legislation governing this offence was significantly rewritten in 2018, which means cases decided under the previous law have to be read carefully and the current elements are not always intuitive. For drivers facing this charge, an early and informed defence is critical.
The criminal defence lawyers at Davidson Gregory have decades of experience defending Criminal Code driving offences across Alberta, Saskatchewan, British Columbia, and the Northwest Territories, including failure to stop, dangerous driving, criminal negligence, and impaired driving. If you have been charged with failure to stop at the scene of an accident, an experienced criminal lawyer at Davidson Gregory can be reached at 780-482-5496 or through the contact page. The criminal lawyers at Davidson Gregory regularly appear in Edmonton, Calgary, Red Deer, Fort McMurray, Grande Prairie, and St. Albert.
The Criminal Code Offence: Failure to Stop After Accident
Failure to stop at the scene of an accident is set out in the Criminal Code of Canada. The offence captures any person who operates a conveyance, knows or is reckless as to whether the conveyance was involved in an accident with a person or another conveyance, and fails without reasonable excuse to stop, identify themselves, and offer assistance where someone has been injured or appears to require assistance. The Criminal Code captures the same conduct whether the conveyance was a motor vehicle, a vessel, an aircraft, or railway equipment, although most prosecutions involve motor vehicles.
There are three forms of the offence. The basic offence applies where the accident did not cause bodily harm or death. The aggravated forms apply where the accident resulted in bodily harm or death and the accused knew, or was reckless as to whether, the harm or death had occurred. The aggravated forms carry significantly higher maximum sentences and arise often alongside other Criminal Code driving offences such as dangerous driving causing bodily harm or death and criminal negligence.
The Nova Scotia Supreme Court captured the rationale in R v Kennedy, a case in which the accused struck and killed a pedestrian and continued his day. The Court framed the offence as enforcing a basic duty of decency, responsibility, and humanity. The legislation is intended to ensure that those involved in accidents stop, identify themselves, and offer assistance to anyone injured.
The Three Duties: Stop, Identify, Offer Assistance
There are three distinct duties at the heart of the failure-to-stop offence. The first is to stop the conveyance. The second is to give one’s name and address. The third is to offer assistance where someone has been injured or appears to require assistance. A driver who stops but fails to provide their name and address can be convicted. A driver who stops and identifies themselves but fails to offer assistance to an injured person can be convicted. The Crown’s case can be built on the failure to perform any one of the three duties.
The duty to offer assistance applies only where a person has been injured or appears to require assistance. In some cases, the most important assistance is making a 911 call to summon an ambulance. In other cases, an injured person may be unable to receive assistance at the scene because they are trapped, unconscious, or in a remote location. The factual application of the duty to offer assistance turns on what a reasonable person in the circumstances could have done. This is a complex area of law, and an experienced criminal lawyer can assess how the duty applies to your situation.
How the 2018 Amendments Changed the Offence
Until 2018, the failure-to-stop offence was set out in an earlier provision of the Criminal Code. Bill C-46 came into force in June 2018 and rewrote the offence. The current statutory framework is structured differently than what came before, and the Crown’s case is built differently than it was under the old provision. The change has significant implications for how prosecutions are run and how the defence frames its case. Older case law on the failure-to-stop offence has to be read carefully against the current statutory language. An experienced criminal defence lawyer can identify which authorities still apply and which do not.
The Reasonable Excuse Defence
One of the significant features of the current failure-to-stop offence is that the legislation expressly references reasonable excuse. Reasonable excuse operates as a defence under the current section. Whether the defence is made out is fact-specific and turns on the surrounding circumstances of the departure from the scene. There is no general legal advice that fits every case. An experienced criminal defence lawyer at Davidson Gregory can assess whether the defence is available in a specific file and how to develop the evidence at trial.
The Consequences of a Conviction
The consequences of a failure-to-stop conviction extend well beyond the courtroom. A criminal record follows the conviction. Driving prohibitions can be imposed by the sentencing court. The aggravated forms of the offence can carry significant terms of imprisonment. Insurance premiums typically increase substantially or coverage may be cancelled. Employment in roles that require driving, security clearance, or background checks becomes difficult. Travel to the United States can be affected. Permanent residents and foreign nationals risk inadmissibility under the Immigration and Refugee Protection Act.
For drivers facing a failure-to-stop charge, the breadth of these consequences is one of the strongest reasons to engage experienced criminal defence counsel early in the process. The path to mitigating the consequences of conviction often depends on the strategy chosen at the outset of the file.
Defending a Failure-to-Stop Charge
Davidson Gregory defends failure-to-stop charges by attacking each element of the offence and by aggressively pursuing Charter remedies where police conduct allows it. Failure-to-stop investigations often involve detention, questioning, and warrantless searches at the scene or shortly after. Where police conduct has breached the Canadian Charter of Rights and Freedoms, evidence may be excluded under the Charter’s remedies provisions, sometimes with case-ending effect. Davidson Gregory has decades of experience identifying and litigating these issues.
Davidson Gregory’s failure-to-stop defence work is focused on trial preparation and trial advocacy. The cases that produce results are the cases that are prepared as if they will be tried.
Why the Timing of Legal Advice Matters
For drivers facing a failure-to-stop investigation or charge in Alberta, the timing of legal advice can matter as much as the content of it. Investigations often involve police questioning of the accused at the scene, at home, or by telephone. Statements made before counsel is consulted can shape the prosecution’s case in ways that are difficult to undo later. Where the circumstances allow it, contacting an experienced criminal defence lawyer or driving offence lawyer early in the process can help preserve the rights that apply to the file. The post-charge period is fact-specific, and there is no general legal advice that applies to every case. An experienced criminal lawyer can assess the specific facts and the timing of the encounter and advise on the path forward.
Speak With a Davidson Gregory Criminal Defence Lawyer
If you have been charged with failure to stop at the scene of an accident, or are concerned that a criminal investigation may follow, the criminal defence lawyers at Davidson Gregory can be reached at 780-482-5496 or through the contact page. The firm has decades of experience defending Criminal Code driving offences across Alberta, including in Edmonton, Calgary, Red Deer, Fort McMurray, Grande Prairie, and St. Albert.
This is the third post in Davidson Gregory’s four-post series on driving offences in Alberta. The first post, Dangerous Driving vs Careless Driving in Alberta: Why the Difference Matters, explains the line between criminal and regulatory driving offences. The second post, Statements to Police After a Motor Vehicle Accident in Alberta, explains the legal framework that governs statements made to police at the scene of an accident. The fourth post, Failing to Remain at the Scene of an Accident Under Alberta’s Traffic Safety Act, explains the parallel provincial offence and how it differs from the criminal charge.
This article is general legal information only. It is not legal advice. Reading this article does not create a lawyer-client relationship with Davidson Gregory.