Pubdate: Sat, 31 Oct 2009
Source: Edmonton Journal (CN AB)
Copyright: 2009 The Edmonton Journal
Contact: http://www2.canada.com/edmontonjournal/letters.html
Website: http://www.edmontonjournal.com/
Details: http://www.mapinc.org/media/134
Author: Janice Tibbetts, Canwest News Service
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

PROBATION VIOLATORS MAY FACE URINE TESTS

The Harper government has tabled a bill that would restore a power for
the courts to order offenders to surrender urine samples or other
bodily fluids if they are on probation and suspected of violating an
order not to drink or take drugs.

The ability to demand random samples was struck down three years ago
by the Supreme Court of Canada, which invited Parliament to craft
legislation that complies with the Charter of Rights.

"Police and probation officers need to regain the ability to collect
breath and other samples from offenders who are under court order to
abstain from consuming drugs and alcohol," said Justice Minister Rob
Minister Nicholson, who tabled legislation Friday in the House of Commons.

Until 2006, police and probation officers routinely demanded bodily
samples from individuals who were on probation, serving conditional
sentences at home, or subject to peace bonds.

A positive sample was used as evidence to prosecute for breaching
court conditions, an offence that carried up to a two-year prison
sentence. Failure to abide by restrictions in conditional sentences
can result in an offender being sent to prison to serve out the
remainder of a term.

The Supreme Court ruled, in the case of Harjit Singh Shoker, that the
Criminal Code does not authorize random drug testing while on
probation and therefore the demand is unconstitutional.

"There is no question that a probationer has a lowered expectation of
privacy," Justice Louise Charron wrote in her October 2006 decision.
"However, it is up to Parliament, not the courts, to balance the
probationers' charter rights as against society's interest in
effectively monitoring their conduct."

Under the revamped regime proposed Friday, judges would be able to
impose drug-and-alcohol prohibition orders that would permit police
and probation officers to request samples only when there is
reasonable grounds to believe that an individual has breached a
condition of their release, the Justice Department said.

Samples will only be obtained for the purpose of compliance and be
destroyed once the condition has expired.

Bodily samples include breath, blood, urine, saliva, hair and sweat
samples.

Shoker was jailed for crawling naked into bed with an RCMP officer's
wife in Abbotsford, B.C. He was high on drugs at the time of his
September 2003 crime of break and enter with intent to commit sexual
assault.

Shoker was sentenced to 20 months in prison and two years probation.
The trial judge also ordered him to abstain from alcohol and drugs and
to provide samples on demand of his urine or other bodily fluids.
- ---
MAP posted-by: Richard Lake