The respondent was involved in a motor vehicle accident and taken to a hospital.
While he was unconscious, a doctor took a free-flowing blood sample for medical purposes.
The doctor later handed the sample to a police officer without the respondent's consent or a warrant.
The sample was analyzed and used to convict the respondent of impaired driving.
The Supreme Court of Canada held that the police officer's taking of the blood sample from the doctor constituted an unreasonable seizure under section 8 of the Charter, as it violated the respondent's reasonable expectation of privacy in his bodily substances.
The Court concluded that admitting the evidence would bring the administration of justice into disrepute under section 24(2) of the Charter, and dismissed the Crown's appeal.
