The accused was charged with dangerous operation causing death and bodily harm following a fatal motor vehicle collision.
In pre-trial motions, the accused sought to exclude Airbag Control Module (ACM) data and an Ambulance Call Report (ACR) under s. 24(2) of the Charter, alleging s. 8 breaches.
The court found the warrantless seizure of the vehicle and its ACM data was lawful under s. 489(2)(c) of the Criminal Code.
Although police breached s. 8 by failing to file a proper Report to Justice, the ACM data was admitted under s. 24(2).
Conversely, the court found the police breached s. 8 by obtaining the accused's ACR without a warrant via a PHIPA request, as the accused maintained a reasonable expectation of privacy in her medical records.
The ACR and any derivative evidence were excluded under s. 24(2).
