STATUTORILY COMPELLED STATEMENTS – ABCA Confirms Statutory Compulsion & Principle Against Self-Incrimination Exclude MV Insurance Statements – Supreme Advocacy LLP
You’ve been in a motor vehicle accident and the police require you to give a statement under the HTA and your insurance company requires you to give as statement under your policy. Do you have to give these statements and if so, can they be used against you in a criminal prosecution? Yes you do have to give the statements and no, IF you do it correctly, those statements cannot be used against you. If you find yourself in that situation, call a lawyer immediately BEFORE giving any statement.
Case: R v Porter, 2015 ABCA 279 (CanLII) Keywords: MV Insurance Statements; Traffic Safety Act, RSA 2000, c T-6 (TSA); Careless Driving; Failure to Stop; Traffic Accident; Statutory Compulsion; ss. 7 & ss. 8 of the Canadian Charter of Rights and Freedoms (The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, …
Source: ABCA Confirms Statutory Compulsion & Principle Against Self-Incrimination Exclude MV Insurance Statements – Supreme Advocacy LLP