Vicky Bae

The accused was charged with manslaughter, assault causing bodily harm, and breach of probation following the death of his father.

The father, who had severe coronary disease, died of a sudden cardiac event shortly after a brief physical altercation with the accused.

The court found that the Crown failed to prove beyond a reasonable doubt that the altercation was a significant contributing cause of death, as the medical evidence indicated the father could have died at any time from his condition.

The court also found the Crown failed to prove the absence of consent for the assault charge.

The accused was acquitted of all charges.

The applicant was involved in a motor vehicle collision.

While he was receiving medical attention, a police officer searched his vehicle's glove box without authorization to find insurance documents, discovering cocaine.

The applicant was subsequently arrested, and searches incident to arrest revealed prohibited firearms and marijuana.

The applicant brought a Charter application to exclude the evidence.

The Superior Court of Justice found that the glove box search violated section 8 of the Charter and that the applicant's section 10(a) and (b) rights were breached during his detention.

Applying the Grant framework, the court concluded that the section 8 breach was serious and deliberate, outweighing society's interest in adjudicating the case on its merits.

The application was granted and the evidence was excluded.