R. v. Tessier, [1991] 3 S.C.R. 687

Pierre Tessier Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Tessier

File No.: 22051.

1991: December 6.

Present: Lamer C.J. and L'Heureux‑Dubé, Sopinka, Gonthier and Iacobucci JJ.

on appeal from the court of appeal for ontario

Constitutional law ‑‑ Charter of Rights ‑‑ Unreasonable search and seizure ‑‑ Police officer sealing blood samples taken from accused for medical purposes ‑‑ Samples later analyzed pursuant to valid search warrant ‑‑ Whether s. 8 of Canadian Charter of Rights and Freedoms infringed.

Constitutional law ‑‑ Charter of Rights ‑‑ Admissibility of evidence ‑‑ Bringing administration of justice into disrepute ‑‑ Blood samples sealed by police later analyzed pursuant to valid search warrant ‑‑ Whether accused's right to protection against unreasonable search and seizure infringed ‑‑ If so, whether admission of evidence would bring administration of justice into disrepute ‑‑ Canadian Charter of Rights and Freedoms, ss. 8, 24(2).

APPEAL from a judgment of the Ontario Court of Appeal (1990), 1990 CanLII 11015 (ON CA), 58 C.C.C. (3d) 255, 23 M.V.R. (2d) 165, 49 C.R.R. 191, setting aside the accused's acquittal by Newton Dist. Ct. J. Appeal dismissed.

Marc Rosenberg, for the appellant.

Renee Pomerance, for the respondent.

//Lamer C.J.//

The judgment of the Court was delivered orally by

Lamer C.J. ‑‑ We need not hear from you Ms. Pomerance. We are ready to hand down judgment now.

The appeal comes to us as of right. Assuming that there was an unreasonable seizure, given the circumstances of this case, more particularly that the analysis of the blood taken was under a valid search warrant, we are all of the view that the admission of the evidence at trial would not have brought the administration of justice into disrepute.

The appeal is accordingly dismissed.

Judgment accordingly.

Solicitors for the appellant: Greenspan, Rosenberg & Buhr, Toronto.

Solicitor for the respondent: The Attorney General for Ontario, Toronto.