Police Demanding Bodily Samples for Testing:

A bodily sample includes any of the following:

• a blood sample;
• a urine sample;
• a hair sample;
• a saliva sample; and
• a swab from inside your mouth (a buccal swab).

Can the Police Demand a Bodily Sample Without a Warrant?

The police can take a bodily sample if:

1. A court has ordered you to provide a bodily sample;
2. They have a warrant that allows them to demand a sample from you;
3. They believe you are driving under the influence of drugs;
4. They believe you are driving under the influence of alcohol and they can’t obtain a breath sample.

When Can the Police Obtain a Warrant to Collect a Bodily Sample from Me?

The police may be able to obtain a warrant to collect a bodily sample from you if:

1. They need your DNA to determine whether or not you were at a crime scene;
2. They need you to take a blood alcohol concentration test to determine whether or not you were driving under the influence of alcohol;
3. They need your DNA to add to the DNA data bank, if you were convicted (found guilty in court) of certain offences.

Can I Refuse to Give a Sample if the Police Have a Warrant or Court Order?

If the police have a warrant or court order requiring a bodily sample from you, then no, you do not have the right to refuse to give a bodily sample. If you do refuse, the police may charge you with obstruction.

Can the Police Use Force to Collect a Bodily Sample from Me?

If the police have a warrant or court order, then yes, they may use the force that is necessary to obtain the sample.

What are My Charter Rights?

Under the Canadian Charter of Rights and Freedoms, you have a right not to be unreasonably searched. You also have the right to life, liberty, and security of the person.

These Charter rights allow you to refuse to give a bodily sample other than for the reasons discussed in this article.

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