Seizure of Bodily Samples: Difference between revisions
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Blood taken by a nurse as part of hospital procedure will still be protected by an expectation of privacy.<ref> | Blood taken by a nurse as part of hospital procedure will still be protected by an expectation of privacy.<ref> | ||
{{CanLIIRP|Dyment|1ftc6|1988 CanLII 10 (SCC)|, [1988] 2 SCR 417}}{{perSCC|Lamer J}}<Br> | |||
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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.<ref> | 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.<ref> | ||
{{CanLIIR|Pike|29w7k|2010 NLTD 97 (CanLII)}}{{perNLSC|Thompson J}} | |||
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{{reflist|2}} | {{reflist|2}} | ||
==See Also== | ==See Also== | ||
* [[Judicial Authorization Chart]] | * [[Judicial Authorization Chart]] | ||
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Revision as of 17:56, 24 January 2021
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. 320.28);
- blood sample warrant (s. 320.29);
- bodily impressions (s. 487.092)
A bodily sample can also be obtained by consent.[2]
- ↑ R v Tomaso, (1989), 70 CR (3d) 152 (Ont. CA) (*no CanLII links)
- ↑ See Consent Search
General DNA Sample Seizure (s.487.05)
Blood Sample Seizure in Impaired Driving Investigations (320.28, 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.[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]
- ↑
R v Dyment, 1988 CanLII 10 (SCC), , [1988] 2 SCR 417, per Lamer J
- ↑ R v Pike, 2010 NLTD 97 (CanLII), per Thompson J
See Also
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