R v Dersch
R v Dersch, [1993] 3 S.C.R. 768 is a leading Supreme Court of Canada decision on the right against unreasonable search and seizure under section 8 of the Canadian Charter of Rights and Freedoms. The Court held that sharing of personal information of patients, such as blood test results, between health care professionals or law enforcement violates section 8 of the Charter and should be excluded under section 24(2). Background In the evening of October 7, 1987, Wilfred Dersch was driving near Duncan, British Columbia. His car swerved into oncoming traffic and caused an accident, killing the other driver. When the police arrived Dersch refused the breathalyzer. The police noticed that his eyes were glazed and he appeared intoxicated. He was taken to the hospital where the doctor tried to give him an intravenous line which he resisted. Eventually he passed out and the intravenous was given and a blood sample was taken. The doctor tested the blood for alcohol content as it was necessary for treatment. The police requested a blood sample from Dersch who refused. The police then asked for the medical report which the doctor gave them. It revealed that he was intoxicated at the time of