The Alberta Court of Appeal in the recent case of R.
v. Porter, 2015 ABCA 279, has concluded that neither a
statement made to the police pursuant to the Traffic Safety
Act section 71, nor a statement provided to an insurance
adjuster is admissible in a police investigation or criminal
proceedings.
In June 2012, Mr. Green pulled over to aid another motorist with
a tire on Anthony Henday Drive in Edmonton. While standing on the
side of the road discussing the situation, Mr. Green was struck and
killed by a passing car. The passing vehicle did not pull over and
instead fled the scene.
The following morning, the accused, Porter, contacted a lawyer
regarding his involvement in an accident. At that point, the lawyer
advised Porter that he had an obligation to make a collision
statement to the police under the Traffic Safety
Act (the TSA) and an obligation to provide
a statement to his insurance company. Porter and his lawyer later
attended the police station to provide
