The appellant appealed his convictions for impaired driving and driving 'over 80' following a single-car collision.
He argued that the trial judge misapprehended the evidence regarding whether hospital staff acted as state agents when taking his blood samples, which would constitute a breach of section 8 of the Charter.
He also argued that the police lacked reasonable and probable grounds to obtain a search warrant for the blood samples.
The Superior Court of Justice dismissed the appeal, finding that the trial judge's factual determination that the blood was taken for medical purposes was supported by the evidence and entitled to deference.
Consequently, there was no Charter breach.
The court also found ample objective evidence to support the issuance of the warrant and noted the issue was not properly litigated at trial.
