Bill C-277
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2nd Session, 37th Parliament, 51 Elizabeth II, 2002
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House of Commons of Canada
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BILL C-277 |
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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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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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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), if a justice is
satisfied, on an information on oath in Form 1
or on an information on oath submitted to the
justice under 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, the samples
of the blood of the person that 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 or drugs in the person's 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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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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258. (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) or 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 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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