FEDS TABLE BILL TO RESTORE COURT POWER TO ORDER RANDOM SAMPLES OF
OFFENDERS' BODILY FLUIDS

The Harper government has tabled a bill that would restore the power
for courts to order offenders to surrender urine samples or other
bodily fluids if they are on probation and suspected of violating an
order not to drink or take drugs.

The ability to demand random samples was struck down three years ago
by the Supreme Court of Canada, which invited Parliament to craft
legislation that complies with the Charter of Rights.

"Police and probation officers need to regain the ability to collect
breath and other samples from offenders who are under court order to
abstain from consuming drugs and alcohol," said Justice Minister Rob
Nicholson, who tabled legislation Friday in the House of Commons.

Until 2006, police and probation officers routinely demanded bodily
samples from individuals who were on probation, serving conditional
sentences at home, or subject to peace bonds.

A positive sample was used as evidence to prosecute for breaching
court conditions, an offence that carried up to a two-year prison sentence.

Failure to abide by restrictions in conditional sentences can result
in an offender being sent to prison to serve out the remainder of a
term.

"There is no question that a probationer has a lowered expectation of
privacy," Justice Louise Charron wrote in her October 2006 decision.
"However, it is up to Parliament, not the courts, to balance the
probationers' charter rights as against society's interest in
effectively monitoring their conduct."