Government of Canada introduces legislation to enforce court orders requiring offenders to abstain from drug and alcohol use

May 31, 2010

OTTAWA - The Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada, today introduced a bill that would help control repeat criminal behaviour by ensuring that individuals comply with court orders prohibiting drug and alcohol use. 
“To ensure compliance, police and probation workers need to be able to take breath, blood and other samples from offenders who have been forbidden to use drugs and alcohol,” said Minister Nicholson. “Having to comply with these court-ordered prohibitions will help deter drug and alcohol use that often leads to repeat criminal acts.”

The Supreme Court of Canada, in the R. v. Shoker case, ruled that demands for bodily samples from individuals under probation conditions were unlawful. As a result of the “Shoker” decision, police and probation officers have not been able to ensure proper monitoring and compliance with court orders prohibiting drug and alcohol use.

The proposed Criminal Code amendments in the Response to the Supreme Court of Canada Decision in R. v. Shoker Actwould allow a judge to impose conditions requiring samples to be provided by individuals under probation orders, conditional sentences and peace bond provisions.
“The safety and security of Canadians continues to be a priority for this Government,” said Minister Nicholson. “Passage of this bill will help decrease criminal behaviour linked to substance abuse.”

An online version of today’s announced legislation will be available at www.parl.gc.ca