An important part of ensuring justice is served and protecting Canadians is reducing the likelihood of repeat criminal behaviour.
Proposed changes to the Criminal Code will help reduce instances of repeated offenses linked to substance abuse by re-establishing police and probation officers’ ability to collect bodily samples from offenders who have been ordered by the court to abstain from consuming drugs and alcohol.

Under this legislation, failure to provide a sample for drugs or alcohol testing would constitute a breach of court order. Failure to comply with the conditions of a probation order or a peace bond is a criminal offence and those caught breaking such conditions can face imprisonment for up to two years. Individuals who do not abide by restrictions set out in a conditional sentence can be sent to prison to serve out the remainder of their sentence.

Extending the ability to request bodily samples to police and probation officers will increase the likelihood of being caught for those who do not comply with their probation requirements.

To avoid abuse, demands for samples of breath, blood, urine, saliva, hair and sweat will be limited to situations where there are reasonable grounds to believe an individual has breached a condition of their probation order or peace bond, and reasonable grounds to suspect a breach of conditions in regard to a conditional sentence.

Courts will also have the authority to order an individual to provide samples at regular intervals where circumstances justify such a condition.

Samples obtained through this legislation will be restricted to use for the purpose of determining compliance with prohibition conditions and will be destroyed once the condition has expired.

Historically, courts have been permitted to impose upon individuals conditions banning the consumption of alcohol or non-prescription drugs, typically when the criminal offending pattern was linked to substance abuse. To ensure compliance, courts would generally attach a condition requiring the offender to provide bodily samples on demand to police and probation officers.

In October 2006, courts were refused the authority to require such samples be submitted as a way of ensuring compliance. Since then, it has been significantly difficult to ensure offenders comply with such conditions

If passed, this legislation will go a long way in encouraging offenders to obey court orders to abstain from drugs and alcohol.
An important part of ensuring justice is served and protecting Canadians is reducing the likelihood of repeat criminal behaviour.

Proposed changes to the Criminal Code will help reduce instances of repeated offenses linked to substance abuse by re-establishing police and probation officers’ ability to collect bodily samples from offenders who have been ordered by the court to abstain from consuming drugs and alcohol.

Under this legislation, failure to provide a sample for drugs or alcohol testing would constitute a breach of court order. Failure to comply with the conditions of a probation order or a peace bond is a criminal offence and those caught breaking such conditions can face imprisonment for up to two years. Individuals who do not abide by restrictions set out in a conditional sentence can be sent to prison to serve out the remainder of their sentence.

Extending the ability to request bodily samples to police and probation officers will increase the likelihood of being caught for those who do not comply with their probation requirements.

To avoid abuse, demands for samples of breath, blood, urine, saliva, hair and sweat will be limited to situations where there are reasonable grounds to believe an individual has breached a condition of their probation order or peace bond, and reasonable grounds to suspect a breach of conditions in regard to a conditional sentence.

Courts will also have the authority to order an individual to provide samples at regular intervals where circumstances justify such a condition.

Samples obtained through this legislation will be restricted to use for the purpose of determining compliance with prohibition conditions and will be destroyed once the condition has expired.

Historically, courts have been permitted to impose upon individuals conditions banning the consumption of alcohol or non-prescription drugs, typically when the criminal offending pattern was linked to substance abuse. To ensure compliance, courts would generally attach a condition requiring the offender to provide bodily samples on demand to police and probation officers.

In October 2006, courts were refused the authority to require such samples be submitted as a way of ensuring compliance.

Since then, it has been significantly difficult to ensure offenders comply with such conditions

If passed, this legislation will go a long way in encouraging offenders to obey court orders to abstain from drugs and alcohol.

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