Seizure of Bodily Samples

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Introduction

Bodily samples cannot be taken without a warrant where the subject does not consent.[1]

There are several methods of obtaining bodily samples:

  • general warrant (s.487);
  • DNA Sample (s.487.05);
  • blood sample demand (s.254(3));
  • DRE blood sample (s.254(3.4));
  • blood sample warrant (s.256);
  • bodily impressions (s. 487.092)

A bodily sample can also be obtained by consent.[2]

  1. R v Tomaso, (1989), 70 CR (3d) 152 (Ont. CA) (*no CanLII links)
  2. See Consent Search

General DNA Sample Seizure (s.487.05)

Blood Sample Seizure in Impaired Driving Investigations (256)

Body Print Impression Warrant (487.092)

Obtaining Blood Samples by General Warrant (487)

Where a nurse takes a blood sample from a patient as part of her regular course of duties, it is available to the police to obtain a warrant to seize the sample as evidence.

Blood taken by a nurse as part of hospital procedure will still be protected by an expectation of privacy.[1]

Where an officer directs the nurse to store a blood sample for a period beyond the time intended by the hospital, it will effectively enter into the custody of police.[2]

  1. R v Dyment, [1988] 2 SCR 417, 1988 CanLII 10 (SCC)
  2. R v Pike, 2010 NLTD 97 (CanLII)