Collection and Use of Bodily Samples Under a Peace Bond
General Principles
- Samples — designations and specifications
810.3 (1) For the purposes of sections 810, 810.01, 810.03, 810.011, 810.1 and 810.2 and subject to the regulations, the Attorney General of a province or the minister of justice of a territory shall, with respect to the province or territory,
- (a) designate the persons or classes of persons that may take samples of bodily substances;
- (b) designate the places or classes of places at which the samples are to be taken;
- (c) specify the manner in which the samples are to be taken;
- (d) specify the manner in which the samples are to be analyzed;
- (e) specify the manner in which the samples are to be stored, handled and destroyed;
- (f) specify the manner in which the records of the results of the analysis of the samples are to be protected and destroyed;
- (g) designate the persons or classes of persons that may destroy the samples; and
- (h) designate the persons or classes of persons that may destroy the records of the results of the analysis of the samples.
- Further designations
(2) Subject to the regulations, the Attorney General of a province or the minister of justice of a territory may, with respect to the province or territory, designate the persons or classes of persons
- (a) to make a demand for a sample of a bodily substance for the purposes of paragraphs 810(3.02)(b), 810.01(4.1)(f), 810.011(6)(e), 810.03(7)(g), 810.1(3.02)(h) and 810.2(4.1)(f); and
- (b) to specify the regular intervals at which a defendant must provide a sample of a bodily substance for the purposes of paragraphs 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.03(7)(h), 810.1(3.02)(i) and 810.2(4.1)(g).
- Restriction
(3) Samples of bodily substances referred to in sections 810 [peace bond – injury or damage], 810.01 [peace bond – organized crime], 810.011 , 810.03 , 810.1 [sex offence peace bond] and 810.2 [serious personal injury peace bond] may not be taken, analyzed, stored, handled or destroyed, and the records of the results of the analysis of the samples may not be protected or destroyed, except in accordance with the designations and specifications made under subsection (1).
- Destruction of samples
(4) The Attorney General of a province or the minister of justice of a territory, or a person authorized by the Attorney General or minister, shall cause all samples of bodily substances provided under a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2 to be destroyed within the period prescribed by regulation unless the samples are reasonably expected to be used as evidence in a proceeding for an offence under section 811.
- Regulations
(5) The Governor in Council may make regulations
- (a) prescribing bodily substances for the purposes of sections 810 [peace bond – injury or damage], 810.01 [peace bond – organized crime], 810.011 , 810.03 , 810.1 [sex offence peace bond] and 810.2 [serious personal injury peace bond];
- (b) respecting the designations and specifications referred to in subsections (1) and (2);
- (c) prescribing the periods within which samples of bodily substances are to be destroyed under subsection (4); and
- (d) respecting any other matters relating to the samples of bodily substances.
- Notice — samples at regular intervals
(6) The notice referred to in paragraph 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.03(7)(h), 810.1(3.02)(i) or 810.2(4.1)(g) must specify the places and times at which and the days on which the defendant must provide samples of a bodily substance under a condition described in that paragraph. The first sample may not be taken earlier than 24 hours after the defendant is served with the notice, and subsequent samples must be taken at regular intervals of at least seven days.
2011, c. 7, s. 11; 2015, c. 20, s. 34. 2024, c. 22, s. 3.
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- Prohibition on use of bodily substance
810.4 (1) No person shall use a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2 except for the purpose of determining whether a defendant is complying with a condition in the recognizance that they abstain from the consumption of drugs, alcohol or any other intoxicating substance.
- Prohibition on use or disclosure of result
(2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2.
- Exception
(3) The results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2 may be disclosed to the defendant to whom they relate, and may also be used or disclosed in the course of an investigation of, or in a proceeding for, an offence under section 811 or, if the results are made anonymous, for statistical or other research purposes.
- Offence
(4) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.
2011, c. 7, s. 11; 2015, c. 20, s. 34; 2024, c. 22, s. 4
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- Proof of certificate of analyst — bodily substance
811.1 (1) In a prosecution for breach of a condition in a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2 that a defendant not consume drugs, alcohol or any other intoxicating substance, a certificate purporting to be signed by an analyst that states that the analyst has analyzed a sample of a bodily substance and that states the result of the analysis is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person who appears to have signed the certificate.
- Definition of analyst
(2) In this section, analyst has the same meaning as in section 320.11.
- Notice of intention to produce certificate
(3) No certificate shall be admitted in evidence unless the party intending to produce it has, before the trial, given reasonable notice and a copy of the certificate to the party against whom it is to be produced.
- Requiring attendance of analyst
(4) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for cross-examination.
2011, c. 7, s. 12; 2015, c. 20, s. 34; 2018, c. 21, s. 27; 2024, c. 22, s. 5
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