Can a defendant deny giving a statement to the police as a result of her statutory duty to do so?
Ontario, Canada
The following excerpt is from R. v. Treliving, 2012 ONCJ 75 (CanLII):
[77] In Regina v. White the accused had been involved in a motor vehicle accident where the victim had been struck and killed and the accused had left the scene of the accident in her motor vehicle. The next day the accused reported the accident to the police and the police had attended at the home of the accused who provided her version of the events to the police. The accused provided a series of three separate statements to the police purportedly as a result of her statutory duty to do so. The statements were alleged to be admissible by the Crown in subsequent criminal proceedings whereas the defendant argued that to admit such statutorily compelled utterances would offend the principles of self-incrimination as set out in s. 7 of the Charter.
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