A. Karzai

The Crown appealed the respondent's acquittal on impaired driving charges, arguing the trial judge erred in excluding breath samples under s. 24(2) of the Charter.

The respondent had fled a car accident and was found hiding in her parents' shed after police conducted a warrantless search of her own home next door.

The Superior Court of Justice upheld the trial judge's finding that the warrantless search of the respondent's home violated s. 8 and was sufficiently connected to the discovery of the evidence.

The appeal was dismissed.

The applicant brought a certiorari application to quash his committal for trial on charges of carrying a concealed weapon and aggravated assault, arguing the preliminary inquiry judge committed jurisdictional errors.

The applicant had brandished a firearm during a domestic dispute, causing the complainant to flee down a staircase and break her ankle.

The Superior Court of Justice dismissed the application, finding that the preliminary inquiry judge made no jurisdictional errors, as there was sufficient circumstantial evidence to infer the weapon had been concealed and that the applicant's actions were a significant contributing cause to the complainant's injuries with objective foreseeability of the risk of bodily harm.