Yves Jubinville

The applicant was charged with impaired driving causing bodily harm following a single-vehicle accident.

The investigating officer obtained a production order for the applicant's hospital medical records, including blood alcohol analysis, based on a sworn information.

The applicant brought a Charter motion arguing the search violated his s. 8 rights because the officer lacked reasonable and probable grounds.

The court found the information contained significant omissions and relied on the officer's unsupported assumptions rather than objective facts.

The court concluded the search violated s. 8 and excluded the evidence under s. 24(2) of the Charter, emphasizing the high expectation of privacy in medical records.

Following the ruling, the Crown stayed the proceedings.

The Crown appealed a decision of the Ontario Court of Justice that declared the mandatory victim surcharge under s. 737(1) of the Criminal Code unconstitutional as cruel and unusual punishment under s. 12 of the Charter.

The accused, who pleaded guilty to multiple offences and was indigent with mental health and addiction issues, argued that the mandatory surcharge imposed a crushing financial burden.

The Superior Court agreed that the surcharge constitutes punishment for Charter purposes but held that the evidentiary record was insufficient to establish that the surcharge was grossly disproportionate.

The court emphasized the high threshold for s. 12 violations and the availability of statutory mechanisms such as extensions of time to pay.

The appeal was allowed and the surcharge was ordered imposed.