INTRODUCTION AND BRIEF DESCRIPTION
This section allows for a warrant to be issued for the taking of blood samples from a person involved in a drunk driving accident, if a qualified medical practitioner deems them unable to consent.
SECTION WORDING
256(1) Subject to subsection (2), if a justice is satisfied, on an information on oath in Form 1 or on an information on oath submitted to the justice under section 487.1 by telephone or other means of telecommunication, that there are reasonable grounds to believe that (a) a person has, within the preceding four hours, committed, as a result of the consumption of alcohol or a drug, an offence under section 253 and the person was involved in an accident resulting in the death of another person or in bodily harm to himself or herself or to any other person, and (b) a qualified medical practitioner is of the opinion that (i) by reason of any physical or mental condition of the person that resulted from the consumption of alcohol or a drug, the accident or any other occurrence related to or resulting from the accident, the person is unable to consent to the taking of samples of his or her blood, and (ii) the taking of samples of blood from the person would not endanger the life or health of the person, the justice may issue a warrant authorizing a peace officer to require a qualified medical practitioner to take, or to cause to be taken by a qualified technician under the direction of the qualified medical practitioner, the samples of the blood of the person that in the opinion of the person taking the samples are necessary to enable a proper analysis to be made in order to determine the concentration, if any, of alcohol or drugs in the person’s blood.
EXPLANATION
Section 256(1) of the Criminal Code of Canada outlines the conditions that must be met in order for a warrant to be issued authorizing the taking of blood samples from a person suspected of driving under the influence of drugs or alcohol. The section states that a justice must be satisfied, on the basis of an oath in Form 1 or submitted by telephone, that there are reasonable grounds to believe that the person has committed an offence under section 253 resulting from impaired driving that caused bodily harm or death to oneself or another person. Additionally, a qualified medical practitioner must provide an opinion that the person is unable to consent to the taking of blood samples due to a physical or mental condition resulting from drug or alcohol consumption, and that the samples can be taken without endangering the person's health. This section is important in the context of the Criminal Code of Canada as it provides a legal avenue for law enforcement to collect evidence of impaired driving that could be crucial for prosecuting those responsible for causing harm as a result of this offence. This process helps to ensure that those who put themselves and others at risk on the road face appropriate consequences for their actions, and that they are held accountable for the damage caused. At the same time, the section establishes strict criteria for the collection of evidence, ensuring that the health and safety of suspects are protected at all times. Overall, this section represents an important tool for enforcing the law and promoting safety on Canada's roads.
COMMENTARY
Section 256(1) of the Criminal Code of Canada serves a critical purpose in ensuring the safety of individuals on the road. It outlines the steps that can be taken in cases where there are reasonable grounds to believe that a person has committed an offense under section 253 (impaired driving) due to the consumption of drugs or alcohol and was involved in an accident resulting in the death of another person or bodily harm to themselves or another person. The provision gives the justice the power to issue a warrant authorizing a peace officer to require a qualified medical practitioner to take samples of the person's blood to determine the concentration of drugs or alcohol. This warrant can only be issued if a qualified medical practitioner is of the opinion that the person is unable to consent to the taking of samples due to their physical or mental condition resulting from the consumption of drugs or alcohol, and the taking of samples would not endanger their life or health. This provision strikes a balance between the need to detect and prosecute impaired driving offenses and the inherent privacy interests of individuals. The issuance of a warrant is subject to strict requirements, which limit the circumstances under which it can be issued. For instance, the warrant can only be issued if there are reasonable grounds to believe that an offense under section 253 has been committed, and the person was involved in an accident causing bodily harm or death. Moreover, the warrant can only be issued if a qualified medical practitioner is of the opinion that the person is unable to consent to the taking of samples because of their physical or mental condition. This requirement ensures that the person's fundamental rights to privacy are respected, and the samples are only taken when the individual is incapable of consenting to the taking of the samples. Additionally, the provision serves a crucial function in enabling the police to gather vital evidence in impaired driving cases that could have fatal or severe injuries. The analysis of the person's blood sample can help determine the concentration of drugs or alcohol in the person's blood, which can be used as evidence in court. In conclusion, section 256(1) of the Criminal Code of Canada serves an essential role in balancing the need to prosecute impaired driving offenses and respecting the privacy rights of individuals. The provision provides strict requirements for the issuance of a warrant, which limits the circumstances under which it can be issued. Overall, the provision facilitates the gathering of necessary evidence in impaired driving cases, which helps in ensuring the safety of all individuals on the road.
STRATEGY
Section 256(1) of the Criminal Code of Canada deals with the authority of a justice to issue a warrant for the taking of blood samples from a person who has been involved in a motor vehicle accident resulting in death or bodily harm, where there are reasonable grounds to believe that the person had consumed drugs or alcohol within four hours preceding the accident. The challenge for law enforcement agencies is the time-sensitive nature of this provision as the warrant must be issued within four hours of the accident. In this essay, we will explore various strategic considerations when dealing with this section of the Criminal Code and the strategies that could be employed. One strategic consideration is the need to act swiftly to obtain the warrant because of the time limitations involved. It is critical for law enforcement agencies to work efficiently to get the warrant before the four-hour deadline because any delay may compromise the reliability of the blood sample as it could have been affected by other factors such as the passage of time. Therefore, deploying resources such as a dedicated team of investigators and the use of electronic communications to reach a justice as soon as possible can be a useful strategy. Another critical consideration is to ensure that the samples are taken by qualified medical professionals in accordance with the Criminal Code's stipulations. Law enforcement agencies need to work with medical practitioners who have the necessary expertise, qualifications, and equipment to collect blood samples safely. This is essential because the admissibility of the samples in a court of law may be challenged if the procedures for their collection are deemed faulty, and this could weaken the case against the accused. It is also essential to ensure that the accused is informed of their rights under the law, including the right to legal representation. The law enforcement agency must provide the accused with the necessary information on their rights to avoid any potential legal complications arising from procedural errors, such as failing to provide the accused with the opportunity to obtain legal representation. In dealing with this section of the Criminal Code, other strategies that can be employed include working with forensic experts to analyze the collected samples and interpret the results, ensuring that the warrant and all procedures involved in collecting the samples are documented accurately, and complying with all ethical and legal requirements, such as the need to obtain informed consent from the accused. In conclusion, dealing with section 256(1) of the Criminal Code of Canada requires law enforcement agencies to act swiftly, work with qualified medical practitioners and forensic experts, and comply with all legal and ethical requirements. By implementing these strategic considerations and employing the appropriate strategies, law enforcement agencies can ensure a smooth and effective process for obtaining blood samples from drivers in motor vehicle accidents involving drugs or alcohol, thereby strengthening their cases against the accused.