Pubdate: Fri, 01 Jul 2005
Source: Vancouver Sun (CN BC)
Copyright: 2005 The Vancouver Sun
Contact:  http://www.canada.com/vancouver/vancouversun/
Details: http://www.mapinc.org/media/477
Author: Cristin Schmitz, CanWest News Service
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

HIGH COURT TO HEAR DRUG TEST PRIVACY CASE

Judges May Not Be Able To Enforce Probation Orders

OTTAWA -- The Supreme Court of Canada will decide if it would violate the 
privacy rights of a drug-addled intruder, who crept naked into bed beside a 
sleeping woman, to require him to give occasional urine samples as part of 
a probation order that he abstain from non-prescription drugs.

The high court agreed on Thursday to hear the B.C. Crown's appeal of a 
British Columbia Court of Appeal ruling last December which concluded the 
constitutional right of Harjit Singh Shoker to be secure against 
unreasonable search and seizure was violated by a probation condition 
ordering Shoker to submit to a urinalysis, blood tests or breathalysers 
when demanded by police or his probation officer.

The appeal court ruled the condition, which appears in thousands of 
probation orders across the country, to be unconstitutional and deleted it.

The province's appeal to the top court will determine whether Canadian 
sentencing judges have the power to enforce probation requirements that 
offenders abstain from drugs and/or alcohol by also requiring offenders to 
undergo periodic urinalysis, blood testing or breathalyser tests.

The case also asks, if judges do have that power, must authorities have 
"reasonable and probable grounds" to believe that the offender has taken 
drugs or alcohol before they can demand a sample?

Shoker was convicted of break and enter with the intention of committing 
sexual assault after he broke into a home in Abbotsford at midnight on 
Sept. 7, 2003 and attempted, while naked, to climb into a sleeping woman's 
bed. The victim, who was married to an RCMP officer, jumped out of bed 
screaming and called 911.

Her husband arrived and arrested Shoker.

Shoker, who has used heroin,speed, cocaine and marijuana, was sentenced to 
20 months in jail, and two years' probation.
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