|This page was last substantively updated or reviewed March 2021. (Rev. # 86643)|
Bodily samples cannot be taken without a warrant where the subject does not consent.
There are several methods of obtaining bodily samples:
- general warrant (s. 487);
- DNA Sample (s. 487.05);
- blood sample demand (s. 320.28);
- blood sample warrant (s. 320.29);
- bodily impressions (s. 487.092)
A bodily sample can also be obtained by consent.
- R v Tomaso, (1989), 70 CR (3d) 152 (*no CanLII links)
- See Consent Search
General DNA Sample Seizure (s.487.05)
Blood Sample Seizure in Impaired Driving Investigations (320.28, 320.29)
- Proof of Impairment by Drugs or Alcohol (320.28)
- Blood Sample Warrants in Conveyance Investigations (320.29)
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.
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.