In what circumstances have the courts struck down a warrant for a patient's blood sugar test?
Nova Scotia, Canada
The following excerpt is from R. v. Chisholm, 2014 NSSC 345 (CanLII):
In R v. Silk, as here, the warrant was struck down. The evidence was excluded pursuant to s. 24(2). The lack of conformity to the Criminal Code provisions for the warrant was a factor (improper warrant), but also the lack of full and frank disclosure by the officer, and the evidence that someone at the hospital leaked the results. The court therefore found that the officer’s conduct bordered on wilful blindness and further found “quasi collusion” between the hospital and the police.
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