Case # 35609
Her Majesty the Queen v. Jamie Kenneth Taylor (April 23, 2014)
The respondent was convicted of three counts of impaired driving causing bodily harm. The respondent drove his pick-up truck, drunk, into a fire hydrant, injuring three passengers. The respondent was arrested at the scene of the accident, advised of his Charter rights. The respondent was later brought to the hospital where two blood samples were taken. One blood sample was for hospital purposes and the other pursuant to a demand made by police. The respondent was not afforded an opportunity to contact his lawyer before the samples were taken. At trial, the Crown did not introduce the blood sample for police, conceding that the respondent’s rights were violated. The trial judge saw no reason to set aside the warrant for the other blood sample. The central issue on appeal was whether the blood sample evidence should have been excluded. The majority of the Court of Appeal allowed the appeal and acquitted the respondent.