R. v. Knox (J.D.), (2000) 191 N.S.R.(2d) 277 (ProvCt)

• Judge: Sherar, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: November 29, 2000
• Jurisdiction: Nova Scotia
• Citations: (2000), 191 N.S.R.(2d) 277 (ProvCt)

R. v. Knox (J.D.) (2000), 191 N.S.R.(2d) 277 (ProvCt);

 596 A.P.R. 277

MLB headnote and full text

Temp. Cite: [2001] N.S.R.(2d) TBEd. JA.014

Her Majesty The Queen v. Jessica Dale Knox

(Case Nos. 942649; 942650)

Indexed As: R. v. Knox (J.D.)

Nova Scotia Provincial Court

Sherar, P.C.J.

November 29, 2000.

Summary:

Following a fatal accident, the accused was charged with alcohol related driving of­fences. The accused pleaded not guilty and gave notice that she wished to raise a s. 8 Charter argument regarding her right to be secure against unreasonable search and seizure and a blood sample taken at the hospital. A voir dire was held.

The Nova Scotia Provincial Court dis­missed the application, holding that the results of a blood/alcohol analysis done at the hospital on a doctor's initiative while the accused was unconscious ought not to be excluded taking into consideration ss. 8 and 24 of the Charter.

For a decision on the merits of the charges see 191 N.S.R.(2d) 288; 596 A.P.R. 288.

Civil Rights - Topic 1404

Security of the person - Law enforcement -Blood tests - Following an accident, the accused was transported to hospital - She was unconscious - Blood was drawn - On his own initiative, a doctor ordered blood/alcohol analysis which he thought might assist police - Police were unaware of the test - Subsequently, however, the police obtained the test results under a search warrant - The accused was charged with alcohol related driving offences - The Nova Scotia Provincial Court held the blood/alcohol analysis ought not to be excluded under ss. 8 and 24 of the Charter - The blood/alcohol analysis was conscrip­tive evidence for which the accused's right to privacy was protected by s. 8 - The doctor, however, in requesting the analysis, was not acting as an agent of the state in the prosecution of the accused - In any event, the material obtained under the search warrant should not be excluded.

Civil Rights - Topic 1444

Security of the person - Right to privacy - Expectation of privacy - [See Civil Rights - Topic 1404 ].

Criminal Law - Topic 1374

Motor vehicles - Impaired driving - Breathalyzer or blood sample - Evidence and certificate evidence - [See Civil Rights - Topic 1404 ].

Cases Noticed:

R. v. Colarusso, [1994] 1 S.C.R. 20; 162 N.R. 321; 69 O.A.C. 81; 26 C.R.(4th) 289, refd to. [para. 41].

R. v. Pohoretsky, [1987] 1 S.C.R. 945; 75 N.R. 1; 47 Man.R.(2d) 295; 58 C.R.(3d) 113, refd to. [para. 42].

R. v. Dyment, [1988] 2 S.C.R. 417; 89 N.R. 249; 73 Nfld. & P.E.I.R. 13; 229 A.P.R. 13; 45 C.C.C.(3d) 244, refd to. [para. 43].

R. v. Dersch (W.W.), [1993] 3 S.C.R. 768; 158 N.R. 375; 33 B.C.A.C. 269; 54 W.A.C. 269; 85 C.C.C.(3d) 1, refd to. [para. 52].

R. v. Spidell (A.W.) (1996), 151 N.S.R.(2d) 290; 440 A.P.R. 290; 107 C.C.C.(3d) 348 (C.A.), refd to. [para. 56].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 8 [para. 40].

Authors and Works Noticed:

Krever Commission Report - see Ontario, Report of the Commission of Inquiry into the Confidentiality of Health Infor­mation.

Ontario, Report of the Commission of Inquiry into the Confidentiality of Health Information (The Krever Commission) (1980), vol. 2, p. 91 [para. 45].

Counsel:

Darrell Martin, for the prosecution;

Stanley MacDonald, for the defendant.

This application was heard at Halifax, Nova Scotia, on November 29, 2000, before Sherar, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment on the same date.