Law360 Canada ( August 14, 2019, 6:47 AM EDT) -- Appeal by accused, Canavan, from convictions for impaired driving causing death, driving with an illegal blood-alcohol level, and two counts of impaired driving causing bodily harm. The accused drove uphill on the wrong side of the road. He collided with an oncoming vehicle as it crested the hill. The driver of the other vehicle was killed, and two passengers were injured. Following the collision, the accused was taken to hospital for treatment. Police read the accused his rights in the ambulance and he declined to speak with counsel. At hospital, several vials of the accused's blood were taken for analysis. Ten days later, police seized the blood pursuant to a search warrant. In addition, following treatment, police spoke with the accused, left voice and text messages for his counsel, and eventually administered a breath test at the hospital. The trial judge rejected the accused's contention that the blood samples were seized in violation of his s. 8 Charter rights, finding that hospital staff acted independently of police and the accused had consented to treatment as a trauma patient. There was no evidence of violation of hospital protocol regarding the basis for drawing blood and the amount taken. Similarly, the trial judge rejected the accused's contention that police violated his s. 10(b) Charter rights, finding that police discharged the informational and implementation elements of the accused's right. The accused appealed the resultant conviction....