R. v. MacDougall

R. v. MacDougall

The court held that Constable Foran validly deferred and then made a blood demand at the hospital; he had subjective belief and objectively supportable grounds (unexplained single-vehicle crash, strong odour of liquor, unopened beer bottles), the arrest was lawful, and the s.487 warrant authorizing production of the hospital toxicology report was properly issued; no Charter breach requiring exclusion under s.24(2) was found so the blood analyses are admissible at trial subject to other evidentiary rules.

Citation
2010 NSPC 55
Parties
Crown: Her Majesty the Queen; Accused: Eric MacDougall
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 September 2010
Procedural Posture
Criminal Impaired Driving Causing Death / Voir Dire (pre Trial Admissibility)
Outcome
Voir dire decision: blood demand upheld; arrest lawful; s.487 warrant valid; evidence from police and hospital blood analysis admissible; s.24(2) exclusion refused (no exclusion ordered).
Legal Topics
Impaired Driving, Blood Demand (s.254(3) Criminal Code), Search Warrant (s.487 Criminal Code), Admissibility of Bodily Evidence, Section 24(2) Charter Exclusion, Medical Records/toxicology
Source Language
English
Criminal Law Charter Law Evidence Law Search and Seizure Medical Confidentiality Impaired Driving Blood Demand (s.254(3) Criminal Code) Search Warrant (s.487 Criminal Code) +3 more

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Parties

Her Majesty the Queen

Crown

Eric MacDougall

Accused

Procedural Posture

Criminal Impaired Driving Causing Death / Voir Dire (pre Trial Admissibility)

Legal Issues

  1. 1 Was the blood demand (s.254(3)) valid as made (timing/practicability)?
  2. 2 Did the officer have reasonable and probable grounds for the blood demand?
  3. 3 Was the arrest valid?

Ratio Decidendi

The court held that Constable Foran validly deferred and then made a blood demand at the hospital; he had subjective belief and objectively supportable grounds (unexplained single-vehicle crash, strong odour of liquor, unopened beer bottles), the arrest was lawful, and the s.487 warrant authorizing production of the hospital toxicology report was properly issued; no Charter breach requiring exclusion under s.24(2) was found so the blood analyses are admissible at trial subject to other evidentiary rules.

Court Disposition

Voir dire decision: blood demand upheld; arrest lawful; s.487 warrant valid; evidence from police and hospital blood analysis admissible; s.24(2) exclusion refused (no exclusion ordered).

Orders

  • Blood samples obtained by police (police samples) admissible at trial
  • Search warrant for hospital toxicology report valid and hospital report admissible at trial