The applicant, facing charges related to a serious motor vehicle collision, brought a pre-trial Charter application alleging his s. 8 rights were violated when a police officer smelled his breath while he was receiving medical treatment in a hospital.
He sought to excise this observation and his admission of 'drinking' from the Information to Obtain (ITO) the search warrant for his blood samples, and to exclude the blood evidence under s. 24(2).
The court dismissed the application, finding no s. 8 breach occurred in the hospital setting.
Furthermore, the court held that even if the impugned evidence were excised, the remaining facts in the ITO—including excessive speed, the nature of the collision, and the presence of intoxicants at the scene—provided ample grounds to issue the warrant.
