Pubdate: Tue, 24 Oct 2006 Source: Abbotsford Times (CN BC) Copyright: 2006 The Abbotsford Times Contact: http://www.abbotsfordtimes.com/ Details: http://www.mapinc.org/media/1009 Author: Christina Toth, Staff Reporter BLOOD, PEE TESTS NOT CONSTITUTIONAL Judges cannot order convicted criminals to surrender blood and urine samples on demand when on probation, the seven-member Supreme Court of Canada ruled on Oct. 13. The decision stems from the case of Abbotsford resident Harjit Singh Shoker, who in a drug stupor, broke into an Abbotsford home at midnight on Sept. 7, 2003, and crawled naked into the bed of an RCMP officer's wife. He followed the woman into the kitchen when she called 911, but her husband came home and arrested the intruder before the local police arrived. Shoker was subsequently convicted of break and enter with intention to commit a sexual assault, and was sentenced to 20 months in jail and two years probation. Probation conditions required Shoker to submit to random drug tests when ordered by police or his probation officer. Shoker had used heroin, speed, cocaine and marijuana. Drug tests could include urinalysis, breathalyzer and blood tests. However, in December 2004, the three-member B.C. Court of Appeal ruled 2-1 that Shoker's constitutional right to be secure against unreasonable search and seizure was violated by the probation order. columnist Ian Mulgrew noted last week that Victoria cut funding for the urinalysis program in March 2003, meaning Shoker never actually had to produce a sample. The Supreme Court agreed on June 30, 2005 to hear the B.C. Crown prosecutors' appeal of the Court of Appeal finding. The Supreme Court found the Criminal Code of Canada did not authorize search and seizure of bodily substances. "The seizure of bodily samples is highly intrusive and it is subject to stringent standards and safeguards to meet constitutional requirements," wrote Madam Justice Louise Charron in the unanimous ruling. She said while "there is no question that a probationer has a lowered expectation of privacy . . . it is up to Parliament, not the courts, to balance the probationers' Charter rights as against society's interest in effectively monitoring their conduct." - --- MAP posted-by: Elaine