Bill C-354
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1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
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House of Commons of Canada
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BILL C-354 |
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An Act to amend the Criminal Code (taking
samples of bodily substances)
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| R.S., c. C-46
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| R.S., c. 27 (1st
Supp.), s. 36;
R.S., c. 1 (4th
Supp.), ss. 14
and 18 (Sch. I,
item 6)(F), c.
32 (4th
Supp.), s. 60;
1999, c. 32, s.
2
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1. (1) Section 254 of the Criminal Code is
amended by adding the following after
subsection (3):
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| Samples of
urine or
breath where
reasonable
belief of
commission
of offence
under
paragraph
249(1)(a)
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(3.1) Where a peace officer believes on
reasonable and probable grounds that a
person, at any time within the preceding four
hours, has committed an offence under
paragraph 249(1)(a) and thereby caused the
death of any other person, the peace officer
shall, by demand made to that person
forthwith or as soon as practicable, require
that person to provide as soon thereafter as is
practicable such samples of the urine of the
person as in the opinion of a qualified
technician are necessary to enable a proper
analysis to be made in order to determine the
presence, if any, of drugs in the person's urine,
and
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(2) Subsection 254(4) of the Act is
replaced by the following:
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| Exception
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(4) Samples of blood may only be taken
from a person pursuant to a demand made by
a peace officer under subsection (3) or (3.1) if
the samples are taken by or under the direction
of a qualified medical practitioner and the
qualified medical practitioner is satisfied that
the taking of those samples would not
endanger the life or health of the person.
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(3) Subsection 254(6) of the Act is
replaced by the following:
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| Only one
conviction for
failure to
comply with
demand
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(6) A person who is convicted of an offence
committed under subsection (5) for a failure or
refusal to comply with a demand made under
subsection (2), paragraph (3)(a) or (b) or
subsection (3.1) in respect of any transaction
may not be convicted of another offence
committed under subsection (5) in respect of
the same transaction.
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| R.S., c. 27 (1st
Supp.), s. 36;
1992, c. 1, s.
58(1) (Sch. I,
item 5); 1994,
c. 44, s. 13;
2000, c. 25, s.
3
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2. (1) Section 256 of the Act is amended by
adding the following after subsection (1):
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| Warrants to
obtain blood
samples
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(1.1) Subject to subsection (2), where a
justice is satisfied, on an information on oath
in Form 1 or on an information on oath
submitted to the justice pursuant to section
487.1 by telephone or other means of
telecommunication, that there are reasonable
grounds to believe that
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the justice may issue a warrant authorizing a
peace officer to require a qualified medical
practitioner to take, or to cause to be taken by
a qualified technician under the direction of
the qualified medical practitioner, such
samples of the blood of the person as in the
opinion of the person taking the samples are
necessary to enable a proper analysis to be
made in order to determine the concentration,
if any, of alcohol in his blood.
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(2) Subsection 256(2) of the Act is
replaced by the following:
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| Form
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(2) A warrant issued pursuant to subsection
(1) or (1.1) may be in Form 5 or 5.1 varied to
suit the case.
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(3) Section 256 of the Act is amended by
adding the following after subsection (4):
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| Duration of
warrant
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(4.1) Samples of blood may be taken from
a person pursuant to a warrant issued pursuant
to subsection (1.1) only during such time as a
qualified medical practitioner is satisfied that
the conditions referred to in subparagraphs
(1.1)(b)(i) and (ii) continue to exist in respect
of that person.
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(4) Subsection 256(5) of the Act is
replaced by the following:
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| Facsimile to
person
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(5) Where a warrant issued pursuant to
subsection (1) or (1.1) is executed, the peace
officer shall, as soon as practicable thereafter,
give a copy or, in the case of a warrant issued
by telephone or other means of
telecommunication, a facsimile of the warrant
to the person from whom the blood samples
were taken.
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| R.S., c. 27 (1st
Supp.), s. 36;
R.S., c. 32
(4th Supp.), s.
61; 1992, c. 1,
s. 60 (Sch. I,
item 24)(F);
1994, c. 44, s.
14(E); 1997,
c. 18, s. 10
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3. (1) The portion of subsection 258(1) of
the Act before paragraph (a) is replaced by
the following:
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| Proceedings
under
paragraph
249(1)(a) or
section 255
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(1) In any proceedings under paragraph
249(1)(a) or under subsection 255(1) in
respect of an offence committed under section
253 or in any proceedings under subsection
255(2) or (3), the following rules apply, with
the exception of the rule referred to in
paragraph (a) in respect of proceedings
commenced under paragraph 249(1)(a):
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(2) Paragraph 258(1)(b) of the Act is
replaced by the following:
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(3) The portion of paragraph 258(1)(c) of
the Act before subparagraph (i) is replaced
by the following:
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(4) The portion of paragraph 258(1)(d) of
the Act before subparagraph (i) is replaced
by the following:
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(5) The portion of paragraph 258(1)(g) of
the Act before subparagraph (i) is replaced
by the following:
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(6) The portion of paragraph 258(1)(h) of
the Act before subparagraph (i) is replaced
by the following:
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(7) Subsections 258(2) and (3) of the Act
are replaced by the following:
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| No obligation
to give sample
except as
required
under section
254
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(2) No person is required to give a sample
of a bodily substance for analysis for the
purposes of this section except urine, breath or
blood as required under section 254, and
evidence that a person failed or refused to give
such a sample or that such a sample was not
taken is not admissible nor shall such a failure
or refusal or the fact that a sample was not
taken be the subject of comment by any person
in the proceedings.
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| Evidence of
failure to
comply with a
demand
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(3) In any proceedings under paragraph
249(1)(a), under subsection 255(1) in respect
of an offence committed under paragraph
253(a) or in any proceedings under subsection
255(2) or (3), evidence that the accused,
without reasonable excuse, failed or refused to
comply with a demand made to him by a peace
officer under section 254 is admissible and the
court may draw an inference therefrom
adverse to the accused.
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(8) Section 258 of the Act is amended by
adding the following after subsection (4):
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| Testing urine
for the
presence of
drugs
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(4.1) Where a sample of urine of an accused
has been taken pursuant to a demand made
under subsection 254(3.1) or otherwise with
the consent of the accused, the sample may be
tested for the presence of drugs in the urine of
the accused.
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| Release of
specimen for
testing
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(4.2) A judge of a superior court of criminal
jurisdiction or a court of criminal jurisdiction
shall, on the summary application of the
accused made within six months from the day
on which a sample of the urine of the accused
was taken, order release of a sample of the
urine sample for the purpose of an
examination or analysis thereof, subject to
such terms as appear to be necessary or
desirable to ensure the safeguarding of the
sample and its preservation for use in any
proceedings in respect of which it was
retained.
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