Blood Sample Warrants in Conveyance Investigations: Difference between revisions
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==Warrant to Take Samples== | ==Warrant to Take Samples== | ||
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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 {{AnnSec|Form 1}} or on an information on oath submitted to the justice by telephone or other means of telecommunication, that | 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 {{AnnSec|Form 1}} or on an information on oath submitted to the justice by telephone or other means of telecommunication, that | ||
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|[{{CCCSec|320.29}} CCC] | |[{{CCCSec|320.29}} CCC] | ||
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; Testing blood — drug or alcohol | ; Testing blood — drug or alcohol | ||
320.3 Samples of a person’s blood that are taken for the purposes of this Part {{AnnSec|Part VIII}} may be analyzed to determine the person’s blood alcohol concentration or blood drug concentration, or both. | 320.3 Samples of a person’s blood that are taken for the purposes of this Part {{AnnSec|Part VIII}} may be analyzed to determine the person’s blood alcohol concentration or blood drug concentration, or both. | ||
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|[{{CCCSec|320.3}} CCC] | |[{{CCCSec|320.3}} CCC] | ||
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==Blood Sample Seizure in Impaired Driving Investigations (Until December 13, 2018)== | ==Blood Sample Seizure in Impaired Driving Investigations (Until December 13, 2018)== | ||
* [[Blood Sample Seizure in Impaired Driving Investigations (Until December 13, 2018)]] | * [[Blood Sample Seizure in Impaired Driving Investigations (Until December 13, 2018)]] | ||
Revision as of 18:24, 5 May 2020
General Principles
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[1]] 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[2]] 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[3]] 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) [Evaluation and samples of blood — drugs – handling sample] apply with respect to the taking of samples of blood under this section.
2018, c. 21, s. 15.
[annotation(s) added]
- 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 (ss. 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]