Court tosses impaired charge because investigator asked nurse for urine test result without cause
In upholding the acquittal, the Court of Appeal ruled the breach of her constitutional rights outweighed the public's interest in seeing her tried for a serious crash.
In an early morning of October 2014, the car Brynn Campbell was driving in Oshawa, Ont., collided with another car driving in the wrong direction. The other driver, an 83-year-old woman, was killed. In obtaining the warrant, court records show, an investigating officer claimed to have “overheard” a nurse mention the results of Campbell's urinalysis. However, her father testified the officer specifically asked the nurse for the results.
In May 2017, Superior Court Justice Bruce Glass acquitted Campbell after ruling the evidence related to her bodily fluids was inadmissible because the officer had asked for the results and the nurse had simply obliged without any authority to do so.
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