The defendant, Jean Auclair, was charged with possession for the purpose of trafficking fentanyl and possession of proceeds obtained by crime.
The charges arose after nurses found drugs and cash in his shorts while he was in the ICU for a suspected overdose.
The defence brought a Charter application alleging unreasonable search and seizure by nurses (as state actors/agents) and police.
The court found that nurses were not state actors or police agents, and their search was reasonable for medical purposes.
The police seizure was found to engage s. 8 but was justified under s. 489(2) of the Criminal Code.
Even if there were Charter breaches, the evidence would not be excluded under s. 24(2).
The court found Auclair guilty of possession for the purpose of trafficking and possession of proceeds of crime, but not guilty of the included offence of simple possession due to the Good Samaritan Drug Overdose Act (CDSA s. 4.1(2)).
