Patricia S. Brown

The accused was arrested following a nightclub shooting and placed in a dry cell for approximately two hours before police collected gunshot residue samples from his hands.

He was not provided an opportunity to contact legal counsel until after the samples were taken.

The accused brought a Charter application arguing his s. 10(b) rights were violated.

The court found that the police failed to facilitate the accused's right to counsel at the earliest practicable opportunity and that the delay was unreasonable.

Applying the Grant framework, the court concluded that admitting the gunshot residue evidence would bring the administration of justice into disrepute and excluded the evidence under s. 24(2) of the Charter.

The appellant appealed a Consent and Capacity Board decision refusing to appoint him as the substitute decision-maker for his mother regarding her admission to a care facility.

The Board had found the appellant did not meet the criteria under s. 33(6) of the Health Care Consent Act, relying on the 'best interests' factors in s. 42(2).

The Superior Court of Justice allowed the appeal, finding the Board erred in law by misapplying the statutory test, improperly discounting the mother's previously expressed wishes to be cared for by family, and misinterpreting the definition of 'available'.

The Court quashed the Board's decision and appointed the appellant as his mother's representative.