The applicant sought to exclude evidence obtained by police following a fatal motor vehicle collision, alleging breaches of his s. 8 Charter rights.
The court found that the warrantless seizure of airbag control module (ACM) data was lawful under s. 489(2)(c) of the Criminal Code, as police had reasonable grounds to believe it would provide evidence of an offence.
Similarly, the production order for medical records and search warrant for blood vials were deemed valid, as reasonable grounds existed to suspect impairment.
However, the search warrant for the applicant's cell phone was found to be overly broad and the subsequent search unlawful, infringing s. 8.
Applying the Grant factors, the court admitted the ACM data, medical records, and toxicology reports, but excluded all evidence obtained from the cell phone search due to the seriousness and impact of the breach.
