Conviction appeal on charges of impaired driving and over .08. Accused was involved in a motor vehicle accident in which he was badly injured. Police met with him while he was hospitalized and obtained his consent for the release of medical records. The records revealed a blood-alcohol concentration over .08. Accused was not a suspect at the time that his consent was obtained. Trial judge found a breach of s. 8, but, did not exclude under 24(2).
Held: Appeal dismissed.
The disclosure of medical records absent true consent is always a serious violation. Officer, the police acted in good faith, given that when they obtained consent, their only interest was in prosecuting the other driver. There was no legal error in the trial judge’s 24(2) analysis. O’Ferrall JA. dissented.
E. Maynes – Defence Counsel