Legal Issues In Policing

E132| Patients, paramedics, privacy & passive police presence. Potted plant or probing participant?

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In this episode, Mike discusses the Alberta Court of Appeal decision R. v. Ouellette, 2025 ABCA 340 where a police officer accompanied an impaired driving suspect in the rear of an ambulance. While enroute to the hospital, the officer overheard the EMT ask the driver questions about drug and alcohol consumption and recorded her responses in his notebook. The officer then used this information in a warrant to seize the driver's medically taken blood samples. Did the police breach s. 8 of the Charter by riding in the ambulance and taking notes of what the driver said to the EMT about her consumption of alcohol and drugs? A trial judge thought so, as did a summary conviction appeal judge. Listen to learn what a three judge panel of the Alberta Court of Appeal had to say when it weighed in. 

Summary conviction appeal decision. (2023 ABKB 342)

Other references:

Hon. John Joseph Connolly

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