Police were not expected to prove crime before they were entitled to investigate it

Criminal Law - Charter of Rights and Freedoms - Unreasonable search and seizure [s. 8]

Accused was charged with four counts of bodily harm while driving impaired by alcohol, four counts with respect to causing bodily harm while driving with excessive blood alcohol and four counts of causing bodily harm while driving dangerously. Crown wished to enter blood sample evidence obtained while accused was in hospital . Accused alleged that police officer invaded his privacy by bending over him while he was helpless in hospital bed. Accused brought application to exclude evidence on basis that his privacy rights under s. 8 of Canadian Charter of Rights and Freedoms were violated. Application dismissed. There was ample evidence to support warrant. Accident suggested that accused was impaired by something and accused’s inability to react to presence of other vehicle on road contributed to grounds to believe that accused had been driving while his ability was impaired by alcohol consumption. Police were not expected to prove crime before they were entitled to investigate it. There was no evidence that police impeded medical care, that they were asked to leave area, that he took anything from accused or care providers.

R. v. Campbell (2019), 2019 CarswellOnt 3332, 2019 ONSC 710, Lemon J. (Ont. S.C.J.).

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