“Hit and run” is not a single offence in Canada. A driver who leaves the scene of a collision in Calgary faces one of two charges: failing to stop after an accident under the Criminal Code, or failing to remain at the scene under Alberta’s Traffic Safety Act.
The first is a criminal charge that can result in prison time and a permanent criminal record. The second is a provincial traffic ticket. Which one you face depends mainly on whether anyone was hurt and whether police believe you knew you were in an accident.
KEY TAKEAWAYS
- For failing to stop after an accident, the Crown must prove you knew, or were reckless as to whether, your vehicle was involved in an accident. A genuine lack of knowledge is a defence.
- Penalties rise with the harm caused, up to 14 years in prison if someone was hurt and up to life in prison if someone died.
- Identify yourself to police, but answer no other questions until you have spoken to a lawyer.
- Keep your dashcam footage, phone location data, and vehicle repair records before they are lost or overwritten.
- Mistaken identity, someone else driving your vehicle, and Charter breaches by police can each defeat the charge.
ABOUT CALGARY CRIMINAL DEFENCE LAWYER CORY WILSON
Cory Wilson has spent more than 16 years defending people charged with criminal driving offences in Calgary, including failing to stop after an accident, and has appeared at every level of court in Alberta. He earned his J.D. from the University of Calgary Faculty of Law, articled at Bennett Jones LLP, and trained under Willie deWit Q.C., now a judge of the Alberta Court of Appeal, and the late Hersh Wolch Q.C.
He is a member of the Law Society of Alberta, the Canadian Bar Association, and the Legal Education Society of Alberta. He holds a 4.9 rating across more than 130 Google reviews, is rated among Calgary’s top criminal defence lawyers by Three Best Rated and Calgary’s Best Rated, and has had his cases featured in the Calgary Herald.
On serious driving files, his record includes a client who struck and killed a pedestrian in a crosswalk. Police investigated for months while the Crown weighed criminal charges. Cory negotiated directly with the prosecutor and resolved the case under the Traffic Safety Act, leaving the client with no criminal record.
Outcomes like that are built before a court date is set. In a hit and run case, the Crown has to prove you were the driver and that you knew, or were reckless as to whether, you were in an accident. Cory reviews the police reports, video footage, and 911 calls for gaps in that evidence and puts them before the Crown while the charge can still be withdrawn or resolved under the Traffic Safety Act.
Hit and run allegations arise in a few ways: a scrape in a parking lot the driver never noticed, a collision at night on a dark road, a driver who panicked and left after a crash, or a vehicle someone else was driving. Each one leaves a record of video, phone data, vehicle damage, and witness accounts, and each one is a place where the Crown’s case can break down. Cory has represented clients accused after many types of collisions and found gaps in the evidence to put before the Crown or a judge.
If you have been charged with hit and run or police have asked you to come in for a statement, speak to a lawyer before you say anything. Call 403-978-6052, 24 hours a day, for a free consultation.
WHAT COUNTS AS A HIT AND RUN IN CALGARY?
There’s no charge called ‘hit and run’ in Canadian law.
Instead, you’re usually charged with one of two offences:
- Failing to stop after an accident under section 320.16 of the Criminal Code.
- Failing to remain at the scene under section 69 of Alberta’s Traffic Safety Act.
The Criminal Code offence applies when:
- You knew, or were reckless as to whether, your vehicle was in an accident with a person or another vehicle, and
- You failed, without a reasonable excuse, to stop, give your name and address, and offer help to anyone injured.
Whether you’re charged criminally or provincially usually depends on whether anyone was hurt and how the police assess your intent.
WHAT HAPPENS IF YOU’RE CONVICTED?
Depending on what happened in the incident, the following penalties may apply to a charge of hit and run:
|
OUTCOME OF THE ACCIDENT |
CRIMINAL CODE PENALTY |
COMMON PROVINCIAL CONSEQUENCE |
|---|---|---|
| No one hurt | Up to 10 years in prison (on indictment) or up to 2 years less a day (summary). | Licence suspension, demerit points, fines. |
| Bodily harm |
Up to 14 years in prison (on indictment) or up to 2 years less a day (summary). Minimum $1,000 fine for a first offence. Mandatory jail for repeat offences. |
Licence suspension, insurance increases. |
| Death | Up to life in prison (on indictment only). Minimum $1,000 fine for a first offence. Mandatory jail for repeat offences. | Licence revocation. |
If you only hit property, such as a fence or a sign, the Criminal Code offence does not apply. The charge falls under the Traffic Safety Act.
The penalties shown are maximum penalties, not automatic outcomes. Other potential long-term consequences of a criminal record include an impact on your career, travel, and immigration status.
Most Calgary criminal cases resolve well before trial. Being charged does not mean you will be convicted. Cory works to have the charge withdrawn or reduced before trial.
WHAT SHOULD YOU DO RIGHT NOW?
If you’re investigated or charged with hit and run, these steps can protect you:
- Don’t go back to change or ‘fix’ anything at the scene. Tampering with evidence can turn a defensible charge into a much harder one.
- Say nothing to the police until you’ve spoken to a lawyer. Identify yourself, but politely refuse to answer any questions until you’ve spoken with Cory Wilson.
- Write down everything you remember while it’s fresh. Note the time, weather, and what you saw or heard before memory fades.
- Preserve your own evidence. Make sure you keep dashcam footage, phone location data, and vehicle repair records before they’re lost or overwritten.
These steps can provide Cory with more options when negotiating with the Crown.
“If you’re charged with a criminal hit and run, the Crown has to prove you knew you were involved in an accident. Driving off in a panic isn’t the same as trying to escape justice, and that difference is often where a strong defence begins.”
Cory Wilson, Criminal Defence Lawyer
HOW DOES A HIT AND RUN CASE MOVE THROUGH THE CALGARY COURTS?
Most Calgary criminal matters are heard at the Calgary Courts Centre at 601 5th Street SW. That includes everything from a first appearance through to trial.
Less serious charges go before the Alberta Court of Justice, while more serious matters may proceed to the Court of King’s Bench. Both courts are housed in the same building.
If you’re arrested and not released by police on an undertaking, you will be held at the Calgary Police Service Arrest Processing Section at the Spyhill Services Centre until your bail hearing, which must happen within 24 hours.
Cory Wilson regularly appears in the local Calgary courtrooms and knows the Crown Prosecutors. That helps him pursue realistic paths to resolution.
HOW DOES CORY WILSON DEFEND HIT AND RUN CHARGES?
After Cory has the full disclosure package, he can start the search for weaknesses in the Crown’s case and ways to settle the case without a criminal record.
He scrutinizes the evidence, such as:
- Police reports.
- Dashcam and doorbell footage.
- 911 calls.
- Witness statements.
He then contacts the Crown Prosecutor directly, often before a court date is even set. He often pushes for a resolution under the Traffic Safety Act rather than the Criminal Code.
If the Crown won’t agree to a fair resolution, Cory takes the matter to trial. You’re in good hands, with courtroom experience gained over 16 years in criminal defense.
WHAT DEFENCES CAN BE USED IN HIT AND RUN CASES?
Common defences used in failing to stop or remain at the scene charges include:
- Your vehicle wasn’t actually involved. Mistaken identity happens more often than people expect.
- You did not know about the accident. The Crown must prove you knew, or were reckless as to whether, a collision occurred.
- Reasonable excuse. The offence only applies if you left without a reasonable excuse, such as leaving to get urgent medical help.
- Charter breaches. If police violated your rights during the stop or arrest, evidence may be excluded.
- You weren’t the driver. If someone else had your vehicle without your consent, that can be a full defence, too.
Cory can help pinpoint the best defence with an early legal review of the case.
“In these cases, the strongest defences often boil down to two questions: did the Crown prove who was driving, and did the police follow the rules while investigating them?”
Cory Wilson, Criminal Defence Lawyer
SUCCESSFUL RESULT: FATAL CROSSWALK COLLISION RESOLVED WITH NO CRIMINAL RECORD
Cory Wilson defended a client who struck and killed a pedestrian in a crosswalk while driving his truck:
- The police investigated for months, and the Crown was weighing criminal charges.
- Cory Wilson stepped in and negotiated directly with the prosecutor.
- He was ultimately able to resolve the case under the Traffic Safety Act instead of the Criminal Code.
The result: The client received a $1,500 fine and a 30-day driving prohibition. No criminal record, despite the tragic outcome of the accident.
Although past results don’t guarantee future outcomes, this is a clear example of how the right legal strategy, applied early, can change how a case unfolds.
See more recent criminal driving case results here.
TESTIMONIALS
Recent clients have said this about Cory.
Surpassed all expectations
“Cory Wilson is an exceptional defence lawyer whose expertise and dedication surpassed all expectations. His meticulous preparation, strategic approach, and deep understanding of the law resulted in a successful outcome for my case.”
— V.P.
Use Cory for whatever you need
“Everyone! Use Cory for whatever you need. If you’re reading this and going through legal issues, he is the one you need. Had my first stressful legal issue, Cory was my 4th call and I chose him immediately.”
— I.K.
Thankful I had him and his team in my legal corner
“Cory’s expertise and delivery in the courtroom was beyond exceptional and truly a sight to behold…. I am very appreciative and forever thankful I had him and his team in my legal corner.”
— A.
Read more client reviews. Remember that past results do not guarantee future outcomes.
RELATED OFFENCES
Police and the Crown often lay other driving charges alongside a hit and run:
- Dangerous driving: Laid when the Crown says your driving before the collision put the public at risk. Penalties increase sharply if someone was hurt or killed.
- Impaired driving: Police may suspect a driver left the scene to avoid a breath or drug test and add an impaired or over 80 charge.
- Failing to stop for police: Laid when a driver keeps going after police signal them to pull over following a collision.
- Driving while disqualified: Laid when the driver was already prohibited from driving, which can explain to the Crown why they left.
- Careless driving: A Traffic Safety Act offence that Cory often negotiates as a resolution in place of a criminal charge, with no criminal record.
Each added charge changes what the Crown can negotiate. Cory reviews every count together before he speaks to the prosecutor.
FREQUENTLY ASKED QUESTIONS
WILL I AUTOMATICALLY GO TO JAIL FOR A HIT AND RUN IN CALGARY?
No. Jail is a possible penalty, especially where someone was seriously hurt. Many cases resolve with a fine, a licence suspension, or a resolution outside the Criminal Code entirely. The chances of that increase with early legal help.
WHAT ARE YOUR LEGAL OBLIGATIONS AFTER AN ACCIDENT IN CALGARY?
Alberta law requires you to stop, exchange your name, address, and insurance details, and offer help to anyone hurt. If the combined damage is over $5,000 or if anyone is injured, you must also report the accident to the police as soon as possible.
IS IT A CRIMINAL OFFENCE TO HIT A PARKED CAR AND DRIVE AWAY?
It can be. The Criminal Code offence covers accidents with another vehicle, parked or not, if you knew or were reckless about the collision. Alberta’s Traffic Safety Act also requires you to find the owner or leave your name and address.
WILL MY INSURANCE GO UP EVEN IF THE CRIMINAL CHARGE IS WITHDRAWN?
Possibly. Insurers can consider the accident itself, not just the criminal outcome. Getting the charge withdrawn or reduced still helps limit the damage to your record and premiums.
CONTACT US FOR A FREE, NO-OBLIGATION CONSULTATION
Every person charged with a criminal offence deserves skilled representation, regardless of their economic background.
During your free consultation, we will discuss the charges, possible outcomes, defence, and legal fees. We will also explain all the steps ahead, so you know what to expect.
LEGAL REFERENCES
- Failure to stop after accident, Criminal Code, RSC 1985, c C-46, s 320.16
- Punishment for failure to stop after accident, Criminal Code, RSC 1985, c C-46, s 320.19
- Punishment where accident caused bodily harm, Criminal Code, RSC 1985, c C-46, s 320.2
- Punishment where accident caused death, Criminal Code, RSC 1985, c C-46, s 320.21
- Dangerous operation, Criminal Code, RSC 1985, c C-46, s 320.13
- Operation while impaired, Criminal Code, RSC 1985, c C-46, s 320.14
- Flight from peace officer, Criminal Code, RSC 1985, c C-46, s 320.17
- Operation while prohibited, Criminal Code, RSC 1985, c C-46, s 320.18
- Duty of driver re accident, Traffic Safety Act, RSA 2000, c T-6, s 69
- Careless driving, Traffic Safety Act, RSA 2000, c T-6, s 115
