Sections
This section of the Traffic Safety Act defines and creates the offence of careless driving.
What is s. 115(1)?
This leading 1991 SCC case established the three-part framework for assessing an accused’s evidence and applying reasonable doubt
What is WD?
When counsel becomes aware of missing disclosure, this is what they must do.
What is diligently pursue disclosure?
When can a court grant an amendment?
What is at any stage of the proceedings?
This section provides the statutory defence commonly aligned with due diligence in Traffic Safety Act prosecutions.
What is s. 161?
This 2023 Alberta Court of Appeal decision is the leading authority on the careless driving fault element.
What is Mooney
When deciding whether to grant an adjournment, the court must consider factors such as the seriousness of the charge, prior adjournments, consequences to the parties, the public interest, and this key consideration about the accused.
What is whether the accused acted diligently and honestly?
When deciding whether to allow an amendment, the court must consider whether the defendant has suffered this.
What is prejudice?
This section of the UHRRR sets out the offence of following another vehicle more closely than is reasonable and prudent.
What is s. 18?
This 1893 House of Lords case requires that contradicting versions be put to the witness in cross.
What is Browne v Dunn?
Careless driving requires this level of fault.
What is inadvertent negligence (mere departure)?
If an amendment creates prejudice, this is the usual remedy.
What is an adjournment?
This section of the Provincial Offences Procedures Act gives the court the power to amend a violation ticket.
What is s. 23.01?
This Alberta Court of Appeal 2015 decision set the authentication standard for real evidence, including photographs and video.
What is Bulldog?
A court will generally be unsympathetic to a complaint about missing disclosure where defence counsel does this.
What is fail to diligently pursue disclosure?
If there is no suggestion that the defence would have been conducted differently, there is no ____.
What is prejudice?
This section of the Provincial Offences Procedure Act sets out the court’s three options when a defendant fails to appear for trial.
What is s. 28(3)?
This 1953 Ontario authority required a higher fault element ('breach of duty deserving of punishment') and is no longer good law on careless driving in Alberta.
What is Beauchamp?
Following too closely is assessed using three statutory factors. Name one.
What is (a) speed and stopping distance; (b) traffic and foreseeability of stops; or (c) road surface, weather, and grade
This ultimate consideration—along with prejudice and the circumstances of the case—guides whether an amendment should be allowed.
What is the interests of justice?