section 258.1(3)

INTRODUCTION AND BRIEF DESCRIPTION

This section exempts individuals who use or disclose medical samples or test results for medical purposes from subsections (1) and (2) when they are seized under a warrant.

SECTION WORDING

258.1(3) Subsections (1) and (2) do not apply to persons who for medical purposes use samples or use or disclose the results of tests, taken for medical purposes, that are subsequently seized under a warrant.

EXPLANATION

Section 258.1(3) of the Criminal Code of Canada provides an exception to the provisions in subsections (1) and (2) for individuals who use samples or disclose the results of tests taken for medical purposes that are subsequently seized under a warrant. This means that individuals who use or disclose medical samples or test results for medical purposes will not be subject to the criminal penalties outlined in subsections (1) and (2) of this section. Subsections (1) and (2) of section 258.1 outline the criminal offenses of impaired driving and "over 80" driving, respectively. In both cases, the accused individual is alleged to have operated a vehicle while impaired or with a blood alcohol concentration that exceeds the legal limit. The consequences of a conviction for impaired driving or "over 80" driving can be severe, including fines, license suspension, and even imprisonment. However, section 258.1(3) provides an important exception in cases where medical samples or test results are seized under a warrant. This could occur, for example, in cases where police officers have reason to believe that an individual is impaired behind the wheel and obtain a warrant to seize a blood sample for testing. If the sample is later found to be positive for drugs or alcohol, the results of the test could be used as evidence in court. Overall, section 258.1(3) provides an important exception to the provisions of subsections (1) and (2) of this section. It ensures that individuals who use or disclose medical samples or test results for medical purposes will not be subject to criminal penalties, even if the samples or results are subsequently seized under a warrant.

COMMENTARY

Section 258.1(3) of the Criminal Code of Canada is an exemption that applies to individuals who use samples or disclose test results for medical purposes. The section says that the provisions of subsections (1) and (2) of the same section of the Criminal Code do not apply in such circumstances. Subsection (1) of section 258.1 states that no person shall operate a motor vehicle if their ability to do so is impaired by alcohol or drugs, or a combination of both. Subsection (2) states that a peace officer who has reasonable grounds to believe that a person has committed an offence under subsection (1) may, by demand, require that person to provide a sample of their breath, blood, or other bodily fluid for analysis. The provision in subsection (3) thus relates to the use and disclosure of such samples and test results. The section implies that, even if a sample is seized under a warrant, individuals who use or disclose it for medical purposes are exempt from the implications of subsections (1) and (2). The exemption is an important provision for medical practitioners and individuals who may require medical attention after being suspected of committing a criminal offence under subsection (1). For instance, someone who is involved in a motor vehicle accident may require medical attention for the injuries they sustain. However, being involved in such an accident may also lead to them being suspected of impaired driving. In such cases, a peace officer may demand that the person provide a sample of their bodily fluids for analysis. If the sample is taken and seized under a warrant, the individual may be exempted from the provisions of subsections (1) and (2) if they use or disclose the test results for medical purposes. This exemption ensures that individuals can receive necessary medical attention without fear of facing criminal charges. The importance of this exemption cannot be overstated. The provision takes into account the need for medical care, recognizing that medical professionals may need to use and disclose samples and test results to provide proper care. The provision provides clarity about the use of such information and acknowledges that individuals should not be afraid to seek medical attention for fear of prosecution. Moreover, the exemption also protects the privacy rights of those who undergo tests for medical purposes. Medical information is highly confidential, and this provision ensures that this confidentiality is upheld, even in situations where a sample is seized under a warrant. In conclusion, section 258.1(3) of the Criminal Code of Canada is a necessary provision that allows individuals to use and disclose samples and test results for medical purposes, even when the samples are seized under a warrant. This exemption ensures that individuals can seek medical attention without fear of prosecution and protects the privacy rights of those who undergo tests for medical reasons. It is an essential component of the Criminal Code that takes into account the need for medical care, recognizing that medical professionals may need to use and disclose samples and test results to provide proper care.

STRATEGY

Section 258.1(3) of the Criminal Code of Canada provides a legal exemption to individuals using or disclosing medical test results that have been seized under a warrant for medical purposes. This exemption implies that individuals who disclose or use such information for medical purposes will not be held liable under subsections (1) and (2) of the Criminal Code. To effectively deal with this section of the Criminal Code, it is essential to understand some of the strategic considerations involved. Firstly, it is important to note that the exemption only applies to tests, samples, or information used for medical purposes. Any disclosure or use of such information for another purpose other than medical purposes is not protected under the exemption. Therefore, individuals must ensure that they only use and disclose such information in the course of their medical practice. Another critical consideration is that the exemption only applies when the test results are seized under a warrant. If the information is not obtained under such circumstances or seized under a search warrant, then the exemption does not apply. Thus, individuals must be aware of the legal requirements for issuing search and seizure warrants and comply with them when obtaining medical test results that have been seized under a warrant. There are many strategies that individuals can employ when dealing with section 258.1(3) of the Criminal Code. To begin with, they can ensure that their medical practice is well documented and that they obtain informed consent from their patients before conducting any medical tests. Proper documentation, including notes, and results of the medical tests may be helpful in court if the legality of the search warrant is questioned. Another strategy that healthcare professionals can employ is to ensure that they maintain professionalism in all their medical practice. They need to demonstrate that any disclosure or use of the medical test results was purely for medical purposes, and that they, as medical practitioners, acted within the scope of their practice. For instance, if medical test results reveal drug use, the practitioner can show, through their documentation and conduct, that they were using the information for addiction treatment and not for any other purposes. It is also essential for healthcare professionals to be knowledgeable about the legal implications of using and disclosing medical test results. By having a good understanding of the Criminal Code and staying abreast of recent legal developments around medical privacy, they can take measures to prevent any possible legal repercussions. This may include seeking advice from legal professionals when uncertain about the legal implications of disclosing or using medical test results seized under a warrant. In conclusion, section 258.1(3) of the Criminal Code provides an exemption for persons using or disclosing medical test results seized under a warrant for medical purposes. As such, the section offers legal protection for medical practitioners working with such information, but it is essential to be aware of the legal requirements for obtaining and using such information, as well as ensuring that it is only being used for legitimate medical purposes. By employing sound strategies such as maintaining professionalism, proper documentation, and seeking legal advice, healthcare professionals can minimize legal risks.