APPEALS - Grounds - Question of law - Leave to - Powers of appellate court

Law360 Canada ( December 8, 2025, 10:16 AM EST) -- Appeal by Crown from summary conviction appeal (SCA) judge’s acquittal decision. The respondent drove her motor vehicle through a red light and collided with another vehicle. Before police arrived, Emergency Medical Services (EMS) moved the respondent into an ambulance for transport to hospital. Once the police arrived, the officer located the respondent in the ambulance and travelled with her to the hospital to arrest her. At issue on this appeal was whether the police made lawful use of information that a driver consumed drugs and alcohol when a police officer overheard that information in an ambulance during a discussion between the driver and an ambulance attendant as part of a medical examination. The trial judge concluded that the officer’s recording of the overheard information in handwritten notes constituted a search and seizure in breach of the respondent’s rights under s. 8 of the Canadian Charter of Rights and Freedoms (Charter). The charges against the respondent were dismissed. That decision was upheld by the SCA judge. The Crown was granted leave to appeal on the following question: whether the SCA judge erred in law in finding that the police breached s. 8 of the Charter by riding in the ambulance to the hospital with the respondent and taking notes of what the respondent said to the emergency medical technician about her consumption of alcohol and drugs....
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