Impaired driving trial. Blood sample seized pursuant to a demand previously excluded due to a s. 8 breach. Issue regarding Charter exclusion of hospital records, including hospital blood lab results. Hospital records were seized by a subsequent Production Order.
Held: No Charter breach.
Kiene, 2015 ABCA 326 distinguished, as there was no relationship or link between the original s. 8 breach and the subsequent Production Order. “The Production Order was not challenged. The seizure of the hospital records was judicially authorized … There is no nexus … between the investigating officer’s failure to have reasonable grounds in law to make a blood demand and the taking of the hospital blood, and the acquisition of Ferguson’s hospital records.”
D. Mahoney – Defence Counsel