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Bill C-438

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SUMMARY

This enactment amends the Criminal Code and provides that, where a peace officer believes on reasonable and probable grounds that a person has operated a motor vehicle in a dangerous manner and has thereby caused the death of another person, the peace officer shall by demand made to that person forthwith or as soon as practicable, require that person to provide such a urine sample as is necessary to enable proper analysis to be made in order to determine the presence, if any, of drugs in the person's urine, and

    (a) such samples of the person's breath as in the opinion of a qualified technician, or

    (b) where the peace officer has reasonable and probable grounds to believe that, by reason of any physical condition of the person,

      (i) the person may be incapable of providing a sample of his breath, or

      (ii) it would be impracticable to obtain a sample of the person's breath,

such samples of the person's blood, under the conditions referred to in subsection (4) as in the opinion of the qualified medical practitioner or qualified technician taking the samples are necessary to enable proper analysis to be made in order to determine the concentration, if any, of alcohol in the person's blood.