SECTION 8 - USE OF WARRANT TO OBTAIN HOSPITAL BLOOD SAMPLES REVIEWED

Following a double fatality single motor vehicle accident involving a vehicle Mr. Cartwright was driving, a Provincial Court judge issued a warrant, pursuant to which the police obtained blood samples that had been taken from Mr. Cartwright at the hospital on the night of the accident. The trial judge concluded the warrant was properly issued and, overall, the search was a reasonable one. Mr. Cartwright’s motion to quash the warrant was dismissed and he was eventually convicted. He appealed to the New Brunswick Court of Appeal, and the key issue on appeal was the validity of the search warrant. His convictions were upheld, as the Court found that the warrant was valid and the blood analysis evidence was properly admitted, there being no breach of Mr. Cartwright’s Charter rights.  R. v. Cartwright, 2015 NBCA 42