The applicant, Roger Boissé, sought to exclude DNA evidence and/or stay proceedings under the Canadian Charter of Rights and Freedoms, alleging violations of sections 7, 8, 10(b), 15, and 16.
The core of the application concerned the validity of his consent to provide a DNA sample, arguing it was not informed or voluntary due to linguistic issues (English consent form for a French speaker) and alleged police coercion.
The court found that the Crown successfully demonstrated that the consent was informed and voluntary, and that no Charter rights were violated.
Specifically, the court determined that the applicant was not detained, had prior legal counsel, and understood his rights despite the language challenges.
Consequently, the application was dismissed, and the DNA evidence was deemed admissible for trial.
