The accused was charged with impaired driving causing bodily harm and "over 80" causing bodily harm following a serious motor vehicle accident.
Police obtained a search warrant to seize the accused's blood sample and medical records from the hospital.
However, police failed to report to a Justice of the Peace as required by the Criminal Code, instead waiting nearly four months before filing a report.
The court found that this failure constituted an unlawful detention of the seized items in breach of section 8 of the Charter.
Applying the R. v. Grant framework for section 24(2) analysis, the court excluded the blood sample and medical records as evidence, finding that the seriousness of the Charter breach and the need to maintain judicial supervision of investigative steps outweighed society's interest in adjudication on the merits.
The accused was acquitted on both counts.
