The accused was involved in a motor vehicle accident and taken to a hospital.
A police officer made a demand for blood samples under section 254(3) of the Criminal Code, but failed to include the assurances from section 254(4) that the samples would only be taken by or under the direction of a qualified medical practitioner and would not endanger the accused's life or health.
The accused refused the demand and was charged with failing to comply.
The Supreme Court of Canada held that a valid demand must incorporate these medical assurances.
Because the demand was invalid, the accused could not be convicted of refusing it, and the Crown's appeal was dismissed.
