David Deutscher

The appellant appealed his robbery conviction to the Supreme Court of Canada based on a dissent in the Manitoba Court of Appeal.

The Supreme Court quashed the appeal, finding that the dissent in the lower court was not on a question of law, and therefore no appeal as of right existed.

The appellant was convicted of impaired driving after a blood sample was taken without his consent while he was in an incoherent and delirious state following an accident.

The Crown conceded that the taking of the blood sample violated the appellant's rights against unreasonable search and seizure under section 8 of the Charter.

The Supreme Court of Canada held that the violation was serious, wilful, and deliberate, effectively conscripting the appellant against himself.

The Court concluded that admitting the evidence would bring the administration of justice into disrepute under section 24(2) of the Charter, allowed the appeal, and restored the acquittal.