The accused was charged with impaired operation of a vessel causing death after a canoe capsized, resulting in the death of an eight-year-old boy.
The accused brought Charter applications seeking to exclude breath test results, blood sample analysis, and statements, alleging breaches of his rights under ss. 8, 9, 10(a), and 10(b) of the Charter.
The court dismissed all applications, finding that the accused was not detained when initially questioned at the hospital, the ASD demand was made forthwith, the right to counsel was properly implemented, hospital staff did not act as police agents in drawing blood, and the search warrant for medical records and the blood sample was valid.
