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Justice minister introduces drug, alcohol testing bill

Pills Minister of Justice Rob Nicholson is seen during a news conference in Ottawa, Friday Oct. 23, 2009. (Adrian Wyld / THE CANADIAN PRESS)
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Date: Friday Oct. 30, 2009 1:52 PM ET

The federal government wants to allow police and probation officers to collect bodily samples from criminal offenders who are not supposed to be using drugs or alcohol.

Justice Minister Rob Nicholson introduced a bill Friday that seeks to reinstate the ability for police and peace officers to make requests for on-demand or interval drug tests -- something that has been illegal for the past three years.

"Police and probation officers need to regain the ability to collect breath and other samples from offenders who re under court order to abstain from consuming drugs and alcohol," Nicholson said in a statement released Friday.

"Upon passage of this bill, offenders who have a history of committing crimes while under the influence of alcohol and drugs can once again be properly monitored."

The proposed amendments stipulate that police would only be able to demand samples when they have "reasonable grounds" to believe that an individual has breached a condition that is required by the court. Such samples would be used for compliance only and destroyed once the offender's court ordered conditions have expired.

A Department of Justice news release says that bodily samples include breath, blood, urine, saliva, hair and sweat samples.

Previously, police routinely requested samples from people who were under court order to maintain drug- and alcohol-free lifestyles. But an October 2006 decision by the Supreme Court of Canada, made it unlawful for police and probation officers to make requests for samples.

Nicholson believes that the proposed Criminal Code amendments will make such requests lawful, and will allow law enforcement officials "to fully monitor individuals under court order prohibiting them from using drugs or alcohol."

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