R. v. Bruhm

Parties

Procedural Posture

Criminal / Voir Dire

Legal Issues

1. 1 Whether the taking of DNA samples without a warrant violated s.8 of the Charter
2. 2 Whether the Crown proved on a balance of probabilities that the accused validly consented to DNA sampling
3. 3 Whether the Wills criteria for waiver of s.8 rights were satisfied

Ratio Decidendi

The court held the Crown satisfied the Wills criteria on a balance of probabilities: Bruhm was informed the samples were voluntary, that he could consult counsel, that samples were sought for comparison in the sexual assault investigation, and he understood the jeopardy and consequences; the fourth Wills criterion requires awareness of the nature of the police conduct (taking blood and saliva) not specific detail about how evidence might relate to other items, therefore consent was valid and there was no s.8 breach.

Court Disposition

Crown successful on voir dire; accused's s.8 rights not violated; DNA samples taken November 11, 2016 deemed obtained with valid consent.

Orders

• Crown's application to admit the DNA samples granted
• No s.8 Charter breach found in relation to the November 11, 2016 sampling