Fail To Remain Lawyer in Canada

What Fail to Remain covers in Canadian criminal law

What the Crown must prove

The Crown carries the burden of proving every element beyond a reasonable doubt. A reasonable doubt on any one of them means an acquittal.

• The accused was operating a conveyance involved in an accident
• The accused failed to stop, give their name and address, or offer assistance
• The accused knew, or was reckless as to whether, an accident had occurred
• An intent to escape civil or criminal liability, which may be presumed under section 320.16(4)
• For aggravated forms, that a person suffered bodily harm or death in the accident

Penalties and consequences on conviction

• A maximum of ten years imprisonment on indictment for the basic offence
• A maximum of fourteen years where bodily harm results, and life imprisonment where death results
• A mandatory driving prohibition under section 320.24
• A criminal record with immigration and border consequences
• Provincial licence suspension, demerit points and severe insurance consequences

Common defences

• The accused did not know an accident had occurred, which is common with minor contact in parking lots
• Rebutting the section 320.16(4) presumption with evidence of an innocent reason for leaving
• The accused left to obtain assistance or because of a genuine safety concern at the scene
• Identification, where the driver of the vehicle is in issue
• The accused did stop and provide the required information
• Negotiating a resolution to the provincial offence, avoiding a criminal record

Fail to remain lawyer: frequently asked questions

What if I did not realise I hit anything?

Knowledge that an accident occurred is required. Minor contact in a parking lot or with a stationary object is frequently unnoticed, and evidence about the extent of the damage, the noise and the visibility from the driver's seat is central to that defence.

Is it a defence that I left to get help?

It can be. Section 320.16(4) presumes an intent to escape liability from the failure to stop, but that presumption is rebuttable. Evidence that the driver left to summon assistance, and promptly did so, can displace it.

Should I report the accident to police?

Provincial legislation generally requires reporting accidents above a damage threshold or involving injury. Reporting obligations are separate from the criminal issue, and counsel should be consulted quickly because statements made in a required report are treated differently from voluntary statements.