Brian J. Scott

The applicant, Brynn Alexandra Campbell, brought a Garofoli application to exclude her statements and blood/alcohol concentration analysis from trial, alleging Charter infringements under sections 7, 8, 10(a), 10(b), and seeking remedy under section 24(2).

The court found that Campbell's statements were compelled under the Highway Traffic Act and thus excluded under section 7 of the Charter.

The blood evidence was deemed illegally obtained by nurses acting as state agents, violating sections 7 and 8 of the Charter, particularly given Campbell's phobia of needles and refusal of consent.

Applying the R. v. Grant analysis, the court concluded that the Charter infringements were serious, and the evidence should be excluded under section 24(2), as its admission would undermine public confidence in the justice system.

The search warrant, based on this excised information, lacked reasonable and probable grounds.

The applicant sought an order to cross-examine the affiant and sub-affiants for search warrants, alleging improper police procedures in obtaining private health information without consent or a court order.

The applicant argued that the affiant failed to disclose crucial information to the issuing Justice of the Peace, which, if known, would have prevented the issuance of the warrants.

The Crown contended that the information was lawfully obtained and fully disclosed.

The court found a sufficient foundation to permit cross-examination of the affiant and sub-affiants to determine if there was a shortfall of disclosure to the Justice of the Peace, which could lead to the exclusion of evidence.