The appellant challenged the warrantless taking of hair samples, buccal swabs, dental impressions, and a discarded tissue while in police custody following his arrest for murder.
The majority held that the common law power of search incidental to arrest did not extend to compelled bodily samples or dental impressions, and that those procedures infringed ss. 8 and 7 of the Charter.
The majority further held that the bodily sample evidence was conscriptive and not discoverable by lawful non‑conscriptive means, so its admission would render the trial unfair and require exclusion under s. 24(2).
Although the majority found the seizure of the discarded tissue also breached s. 8, it held that evidence from the mucous sample remained admissible.
The appeal was allowed and a new trial was ordered.
