Samples of Bodily Fluids

Can a Police Officer force me to provide a Blood, Urine or Saliva sample, if that Officer suspects that I am under the influence of drugs, while operating a motor vehicle?

Yes.

Under the provisions of this Legislation, Bill C-2 ,  Police Officer’s who suspect you of driving while under the influence of drugs, can compel you to provide a blood, urine or saliva sample.  These samples will then be sent to the Centre for Forensic Sciences for analysis.  Presently, there are approximately 360 Officers trained in these procedures and only about 226 of whom are trained and certified to call themselves “Drug Recognition Experts”

In July, 2008 Bill C-2 (an amendment to the Criminal Code ) came into effect.  If you are pulled over (ie a R.I.D.E Roadblock set-up by Police) and a Police Officer suspects that you are driving, while impaired by drugs, you will be required to perform physical tests of impairment (the “Standardized Field Sobriety Test” or SFST) and if any evidence of impairment is noticed/observed, the driver will have to go to the police station, for further testing.  The driver, after arriving at the station, will be compelled to submit to a further examination by a specifically-trained “Drug Recognition Expert” using the systemic/standardized test procedures of the “Drug Evaluation and Classification program”.  This is a comprehensive 12 step procedure (they examine your eyes, again they conduct tests of physical coordination, they take your pulse, your temperature, your blood pressure and you are interviewed) at the conclusion they demand a sample of your bodily fluid (urine, saliva or blood).  If blood is to be extracted from your body, a medical practitioner must take it from your veins and this would most likely mean that you would be brought to a hospital for this procedure. This sample with then be sent to the Centre for Forensic Sciences for analysis.

The first woman in Toronto to be charged under this new amendment to the Criminal Code was Littoya Blackman.  As a result of the alleged offence, she was released on a $3,500.00 bail order at Toronto’s Old City Hall (60 Queen Street West) on or about October 9, 2008.

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