What is the test for admitting to be a driver in a motor vehicle accident report?

Ontario, Canada


The following excerpt is from R. v. Treliving, 2012 ONCJ 75 (CanLII):

[86] In Regina v. Parol the court properly indicated that the applicant must establish on a balance of probabilities that the admission he was the driver was “compelled by statute” and made under that belief. That includes: (1) That he was in fact compelled by statute to provide a report. (2) That the statements he made were a “report” within the meaning of the compelling statute. (3) That he gave his report with the honest and reasonable belief he was compelled by the statute to do so. The court there felt if the report could not reasonably be considered to be an “accident report” a claim by an applicant that he thought he was compelled to make it because of an accident reporting statute would not be reasonable nor credible.

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