COURT RULES PROBATION DRUG TESTS UNCONSTITUTIONAL

VANCOUVER - B.C.'s highest court has ruled that people on probation
shouldn't be forced to submit to drug testing. The court says the tests - a
common probation condition - are unconstitutional. The B.C. Court of Appeal
was hearing the case of a man facing such an order. In a 2-1 decision, the
court ruled those tests are unconsitutional. It's common for people on
probation to have urinalysis, blood, and breathalyzer test requirements.
The court found the tests can be given arbitrarily, and there are no laws
in place to protect the man's privacy. The John Howard Society's Tim Varesh
says the decision could mean more people on probation could end up being
sent back to jail. "If someone is suspected of being under the influence,
you'll likely see probation officers and parole officers err on the side of
caution if they are unable to confirm their assumptions through urinalysis."

B.C.'s Criminal Justice Branch is reviewing the decision, but hasn't
decided if it will appeal. Crown prosecutors are already being told not to
ask for drug and alcohol tests to be included in probation requirements. In
its conclusion, the court found striking down the commonly used conditions
may make it difficult to enforce orders keeping people off drugs and
alcohol. But the court says it's up to Parliament to address a gap in
legislation.