Blood Sample Warrants in Impaired Driving Investigations

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General Principles

See also: Proof of Impairment by Alcohol (Prior to December 13, 2018) and Proof of Impairment by Drugs (Prior to December 13, 2018)

Warrant to Take Samples

Warrants to obtain blood samples

320.29 (1) A justice may issue a warrant authorizing a peace officer to require a qualified medical practitioner or a qualified technician to take the samples of a person’s blood that, in the opinion of the practitioner or technician taking the samples, are necessary to enable a proper analysis to be made to determine the person’s blood alcohol concentration or blood drug concentration, or both, if the justice is satisfied, on an information on oath in Form 1 [forms] or on an information on oath submitted to the justice by telephone or other means of telecommunication, that

(a) there are reasonable grounds to believe that the person has, within the preceding eight hours, operated a conveyance that was involved in an accident that resulted in bodily harm to themselves or another person or in the death of another person;
(b) there are reasonable grounds to suspect that the person has alcohol or a drug in their body; and
(c) a qualified medical practitioner is of the opinion that
(i) by reason of any physical or mental condition of the person, the person is unable to consent to the taking of samples of their blood, and
(ii) the taking of samples of the person’s blood will not endanger their health.
Form

(2) A warrant issued under subsection (1) [Warrants to obtain blood samples] may be in Form 5 [forms] or 5.1 [forms], varied to suit the case.

Procedure — telephone or other means of telecommunication

(3) Section 487.1 [telewarrants] applies, with any modifications that the circumstances require, in respect of an application for a warrant that is submitted by telephone or other means of telecommunication.

Duration of warrant

(4) Samples of blood may be taken from a person under a warrant issued under subsection (1) [Warrants to obtain blood samples] only during the time that a qualified medical practitioner is satisfied that the conditions referred to in subparagraphs (1)(c)(i) and (ii) continue to exist.

Copy or facsimile to person

(5) If a warrant issued under subsection (1) [Warrants to obtain blood samples] is executed, the peace officer shall, as soon as practicable, give a copy of it — or, in the case of a warrant issued by telephone or other means of telecommunication, a facsimile — to the person from whom the samples of blood are taken.

Taking of samples

(6) Subsections 320.28(7) to (10) [x] apply with respect to the taking of samples of blood under this section.
2018, c. 21, s. 15.
[annotation(s) added]

CCC


Note up: 320.29(1), (2), (3), (4), (5), and (6)

Testing blood — drug or alcohol

320.3 Samples of a person’s blood that are taken for the purposes of this Part [Pt. VIII – Offences Against the Person and Reputation (s. 214 to 320.1)] may be analyzed to determine the person’s blood alcohol concentration or blood drug concentration, or both.
2018, c. 21, s. 15.
[annotation(s) added]

CCC


Note up: 320.3

Blood Sample Seizure in Impaired Driving Investigations (Until December 13, 2018)