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 link)
  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)