Under new federal legislation, police and probation officers will now have the authority to demand bodily samples from individuals under probation order. This legislation is to ensure that drug and alcohol prohibition orders are not violated.
Minister of Justice and Attorney General of Canada, Peter MacKay, made the announcement on Wednesday.
Under Criminal Code amendments, a judge will lawfully be able to ensure alcohol and drug restrictions are not violated by individuals under probation, conditional sentences, and peace bond provisions.
In addition, a positive sample for drugs or alcohol can now be used as evidence in a prosecution for breach of court condition, an offence that carries up to a two-year prison sentence.
In 2006, Supreme Court ruled that demands for bodily samples from individuals under probation was unlawful.
“This legislation is in keeping with the Government's Plan for Safe Streets and Communities, which focuses on holding violent criminals accountable, putting public safety first, and increasing the efficiency of our justice system. The safety and security of Canadians continues to be a priority for this Government and the coming into force of this Act will help decrease criminal behaviour linked to alcohol and illicit drug abuse,” said Robert Goguen.
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