Attorney General of Alberta

The appeal concerned sentence fitness for refusing to provide a breath sample after an accident causing death, where the offender was found not impaired and had acted on incorrect state-provided legal advice.

The Court held that sentencing for this refusal offence must remain proportionate to the offence itself and cannot punish uncharged driving offences.

It confirmed that collateral consequences, including vigilante violence, may be considered but with restrained weight, and that mistake of law may mitigate where it genuinely reduces moral blameworthiness.

The custodial term imposed on appeal was set aside and replaced with time served, while the driving prohibition remained in force.

The appeal considered whether police may conduct a warrantless penile swab as a search incident to arrest in a sexual assault investigation.

The majority held that such a search can be authorized at common law if police have reasonable grounds to believe it will reveal and preserve evidence of the offence and if it is carried out reasonably with safeguards protecting dignity and privacy.

Applying that framework, the Court found no breach of section 8 and upheld admission of the DNA evidence.

Concurring reasons would have found a section 8 breach but admitted the evidence under section 24(2).

Dissenting reasons would have excluded the evidence and ordered a new trial.