Reasons for Judgment: Cory J (Lamer CJ and La Forest, Sopinka, and Iacobucci JJ concurring)

Preamble – (0:00:39)

I: Factual Background – (0:01:01)

II: Decisions Below – (0:06:32)

A: Court of Queen’s Bench of New Brunswick (voir dire) – (0:06:35)

B: Court of Appeal of New Brunswick – (0:09:04)

1: per Hoyt CJNB (Ayles JA concurring) – (0:09:07)

2: per Rice JA (dissenting) – (0:10:51)

III: Relevant Statutory Provisions – (0:13:02)

IV: Issues on Appeal – (0:15:55)

V: Analysis – (0:16:28)

A: Was any of the Impugned Evidence Obtained in a Manner that Infringed or Denied the Appellant’s Charter Rights? – (0:16:30)

1: The Hair Samples, Teeth Impressions and Buccal Swabs – (0:16:37)

a: Did the Taking of the Hair Samples, Teeth Impressions and Buccal Swabs Contravene Section 8 of the Charter? – (0:16:41)

i: The Common Law Power of Search Incident to a Lawful Arrest – (0:18:08)

ii: Application to the Facts of this Case – (0:30:43)

b: Did the Taking of the Hair Samples, Teeth Impressions and Buccal Swabs Contravene Section 7 of the Charter? – (0:35:52)

2: The Discarded Tissue – (0:36:47)

a: Did the Taking of the Discarded Tissue Contravene Section 8 of the Charter? – (0:36:49)

b - Did the Taking of the Discarded Tissue Contravene Sections 7 and 10 sub b of the Charter? – (0:44:32)

B: Section 24 sub 2 of the Charter – (0:45:58)

1: The Hair Samples, Dental Impressions and Buccal Swabs – (0:46:02)

a: Fairness of the Trial – (0:49:45)

i: Classification of the Evidence – (0:52:56)

ii: The Discoverability or But For Principle – (1:14:10)

iii: Trial Fairness Summary – (1:21:21)

iv: Application of the Principles Discussed to this Case – (1:26:19)

b: Seriousness of the Charter Violation – (1:28:39)

c: The Administration of Justice – (1:30:32)

2: The Tissue Containing Mucous – (1:32:13)

VI: Disposition – (1:33:16)

Dissenting Reasons: L'Heureux-Dubé (Gonthier and McLachlin JJ concurring) – (1:33:28)

Preamble – (1:33:33)

I: Was the Arrest Lawful? – (1:36:20)

II: Was the Search and Seizure Legal? – (1:36:30)

A: Scope of the Power of Search Incidental to Arrest – (1:41:38)

B: Exercise of the Power of Search Incidental to Arrest – (1:54:36)