Criminal Code

Marginal note:Warrants to obtain blood samples

• 320.29 (1) A justice may issue a warrant authorizing a peace officer to require a qualified medical practitioner or a qualified technician to take the samples of a person’s blood that, in the opinion of the practitioner or technician taking the samples, are necessary to enable a proper analysis to be made to determine the person’s blood alcohol concentration or blood drug concentration, or both, if the justice is satisfied, on an information on oath in Form 1 or on an information on oath submitted to the justice by telephone or other means of telecommunication, that

  • (a) there are reasonable grounds to believe that the person has, within the preceding eight hours, operated a conveyance that was involved in an accident that resulted in bodily harm to themselves or another person or in the death of another person;

  • (b) there are reasonable grounds to suspect that the person has alcohol or a drug in their body; and

  • (c) a qualified medical practitioner is of the opinion that

    • (i) by reason of any physical or mental condition of the person, the person is unable to consent to the taking of samples of their blood, and

    • (ii) the taking of samples of the person’s blood will not endanger their health.

• Marginal note:Form

  (2) A warrant issued under subsection (1) may be in Form 5 or 5.1, varied to suit the case.

• Marginal note:Procedure — telephone or other means of telecommunication

  (3) Section 487.1 applies, with any modifications that the circumstances require, in respect of an application for a warrant that is submitted by telephone or other means of telecommunication.

• Marginal note:Duration of warrant

  (4) Samples of blood may be taken from a person under a warrant issued under subsection (1) only during the time that a qualified medical practitioner is satisfied that the conditions referred to in subparagraphs (1)(c)(i) and (ii) continue to exist.

• Marginal note:Copy or facsimile to person

  (5) If a warrant issued under subsection (1) is executed, the peace officer shall, as soon as practicable, give a copy of it — or, in the case of a warrant issued by telephone or other means of telecommunication, a facsimile — to the person from whom the samples of blood are taken.

• Marginal note:Taking of samples

  (6) Subsections 320.28(7) to (10) apply with respect to the taking of samples of blood under this section.