Canada high court rules judges cannot order mandatory bodily fluids tests

[JURIST] The Supreme Court of Canada [official website] unanimously ruled Friday that a British Columbia judge overstepped his sentencing power when he ordered a convicted criminal on probation for sexual assault to submit to mandatory submissions of bodily fluids for examination. The court held that such orders were contrary to the Canadian Charter of Rights and Freedoms [text]. In its judgment [text], the court described the collection of bodily fluids as "highly intrusive" and said it was therefore subject to rigorous scrutiny. "Parliament... has not provided for a scheme for the collection of bodily samples... Such a scheme cannot be judicially enacted on the ground that the court may find it desirable in an individual case."

The Canadian Parliament [official website] is now, in theory, left to decide if changes are to be made in sentencing guidelines to specifically authorize the practice. CTV has more.



 

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