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What is a refusal to comply with a demand for blood or urine charge?
The offence of refusing to comply with a demand for blood or urine samples is outlined in Section 320.15(1) of the Criminal Code. This section makes it an offence for an individual to refuse, without a reasonable excuse, to comply with a proper demand made by a police officer for blood or urine samples. The demand can be made if the officer has reasonable grounds to believe that the individual has committed an impaired driving offence within the preceding three hours and that taking samples of the individual’s blood or urine would enable the officer to determine the individual’s blood alcohol concentration or blood drug concentration.
This offence is a hybrid offence, meaning that the Crown prosecutor can choose to proceed either summarily or by indictment, depending on the severity of the offence and the circumstances involved. If prosecuted summarily, the maximum penalties include a fine of up to $5,000, imprisonment for up to two years less a day, or both. If prosecuted by indictment, the maximum penalties are more severe, with the possibility of imprisonment for up to 10 years, a fine amount at the court’s discretion, or both.
Examples
Some examples of charges as a result of refusing to comply with a demand for blood or urine may include the following:
- Refusing to provide a blood sample after being involved in a serious motor vehicle accident;
- Declining to provide a urine sample when suspected of driving under the influence of drugs;
- Blood demand refusal at a hospital after being arrested for impaired driving;
- Refusing to provide a blood or urine sample after being involved in a boating accident;
- Refusing to accompany a police officer to a medical facility for the purpose of providing a blood or urine sample; and
- Providing an insufficient or contaminated urine sample intentionally to avoid detection of drugs.
Defences
The defences available to refusal to comply with a demand for blood or urine charges are entirely dependent on the facts of your case.
However, some defences for refusing to comply with a demand for blood or urine charges may include:
- Reasonable excuse, such as a genuine medical condition, that prevents providing a blood or urine sample;
- Lack of reasonable grounds for the officer to make the demand for a blood or urine sample;
- Lack of mental capacity to understand the nature and consequences of the demand for a blood or urine sample; and
- Identity defence, arguing that the accused was not the individual who refused to comply with the demand.
Punishments
The punishments for refusing to comply with a demand for blood or urine samples in Canada are outlined in the Criminal Code and are the same as those for impaired driving offences. As a hybrid offence, the Crown can choose to prosecute the charge summarily or by indictment, depending on the severity of the case.
If prosecuted summarily, the maximum penalties include a fine of up to $5,000, imprisonment for up to two years less a day, or both. If prosecuted by indictment, the maximum penalty is imprisonment for up to 10 years. In addition to these criminal penalties, a conviction for refusing to comply with a demand for blood or urine samples results in a mandatory driving prohibition.
Overview of the Offence
According to s. 320.15(1) of the Criminal Code:
Everyone commits an offence who, knowing that a demand has been made under section 320.27 or 320.28, fails or refuses to comply, without reasonable excuse, with the demand as soon as practicable.
The Guilty Act (Actus Reus)
The actus reus, or the guilty act, of the offence of refusing to comply with a demand for blood or urine samples consists of two main elements. First, there must be a lawful demand made by a peace officer under section 320.27 or 320.28 of the Criminal Code. Section 320.27 allows an officer to demand a blood sample if they have reasonable grounds to believe that an individual has committed an impaired driving offence within the preceding three hours and that taking a blood sample would enable the determination of the individual’s blood alcohol concentration or blood drug concentration. Section 320.28 allows for a demand for a urine sample under similar circumstances, specifically when the officer has reasonable grounds to suspect that the individual has a drug in their body.
Second, the individual must fail or refuse to comply with the demand without a reasonable excuse. This means that the person must have either explicitly refused to provide a blood or urine sample or failed to do so by not cooperating with the officer’s instructions or not providing a suitable sample. The refusal or failure to comply must be intentional and not due to factors beyond the individual’s control, such as a genuine medical condition or physical inability to provide a sample.
It is important to note that the offence is complete once the individual refuses or fails to comply with the demand. The Crown does not need to prove that the individual was actually impaired or had a blood alcohol concentration or blood drug concentration above the legal limit. The act of refusing or failing to comply with a lawful demand is sufficient to establish the actus reus of the offence.
The Guilty Mind (Mens Rea)
The mens rea, or the guilty mind, required for the offence of refusing to comply with a demand for blood or urine samples is knowledge that a demand has been made under section 320.27 or 320.28 of the Criminal Code. This means that the individual must be aware that a lawful demand for a blood or urine sample has been made by a peace officer.
The knowledge requirement is satisfied if the individual has been clearly informed of the demand and understands its nature and purpose. The officer making the demand must convey the information in a manner that is reasonably understandable to the individual, taking into account factors such as language barriers or cognitive impairments.
It is not necessary for the Crown to prove that the individual knew they were committing an offence by refusing or failing to comply with the demand. The offence is one of strict liability, meaning that once the actus reus and the required mens rea (knowledge of the demand) are established, the individual can be found guilty unless they can raise a valid defence.
In summary, the mens rea for the offence of refusing to comply with a demand for blood or urine samples is knowledge that a lawful demand has been made under the relevant sections of the Criminal Code. Once this knowledge is established, the individual can be found guilty unless they can raise a valid defence, such as reasonable excuse.
Refusal to Comply with a Demand for Blood or Urine Charge Defences
There are several possible defences to the offence of refusing to comply with a demand for blood or urine samples in Canada. These include claiming a reasonable excuse for non-compliance, challenging the reasonableness of the officer’s grounds for making the demand, and raising issues related to the individual’s physical or mental capacity to comply with the demand.
Reasonable Excuse
One defence to urine test refusal is claiming a reasonable excuse for not providing a suitable sample. This may include a genuine medical condition that prevents the individual from providing a blood or urine sample, such as a blood clotting disorder, hemophilia, or a severe phobia of needles. The accused must provide evidence supporting their medical condition and demonstrate that it reasonably prevented them from complying with the demand.
Lack of Reasonable Grounds
The accused may also challenge the reasonableness of the officer’s grounds for making the demand for blood or urine samples. For a demand to be lawful, the officer must have reasonable grounds to believe that the individual has committed an impaired driving offence within the preceding three hours and that taking samples would enable the determination of the individual’s blood alcohol concentration or blood drug concentration.
Physical or Mental Incapacity
In some cases, the accused may argue that they were physically or mentally incapable of complying with the demand for blood or urine samples. This could include situations where the individual was unconscious, severely injured, or suffering from a mental health condition that impaired their ability to understand or respond to the demand. The accused must provide compelling evidence to support their claim of incapacity, such as medical records or expert testimony.
Punishments
In Canada, refusing to comply with a demand for blood or urine samples is a hybrid offence, meaning that the Crown prosecutor can choose to proceed either summarily or by indictment, depending on the severity of the case and the accused’s prior record.
If the Crown elects to proceed summarily, the minimum penalty is a fine of $2,000 for a first offence, with a maximum fine of $5,000. The maximum term of imprisonment for a summary conviction is two years less a day. For a second offence, the minimum penalty is 30 days imprisonment, and for a third or subsequent offence, the minimum penalty is 120 days imprisonment.
If the Crown proceeds by indictment, there is no minimum penalty, but the maximum penalty is imprisonment for up to 10 years.
Regardless of whether the charge is prosecuted summarily or by indictment, a conviction for refusing to comply with a demand for blood or urine samples also results in a mandatory driving prohibition. The minimum prohibition is one year for a first offence, two years for a second offence, and three years for a third or subsequent offence. The court may also order the offender to participate in an ignition interlock program or to attend an alcohol rehabilitation program.
In addition to these criminal penalties, provinces and territories may impose administrative penalties, such as immediate roadside suspensions, vehicle impoundment, and mandatory education or treatment programs. The severity of these punishments reflects the seriousness of the offence and its potential impact on public safety, as it hinders law enforcement’s ability to gather evidence and determine the individual’s level of impairment.
Frequently Asked Questions
Can I be charged with a criminal offence for refusing to comply with a blood or urine demand?
Yes, you can be charged with a criminal offence for refusing to comply with a blood or urine demand in Canada. Under Section 320.15(1) of the Criminal Code, it is an offence to fail or refuse, without a reasonable excuse, to comply with a lawful demand made by a police officer for a blood or urine sample.
If a police officer has reasonable grounds to believe that you have committed an impaired driving offence within the preceding three hours and that taking a sample of your blood or urine would enable them to determine your blood alcohol concentration or blood drug concentration, they can lawfully demand a sample from you. Refusing to provide this sample is a criminal offence, even if you are not actually impaired.
Are there acceptable legal defences for refusing a demand for blood or urine?
Yes, there are some acceptable legal defences for refusing a demand for blood or urine in Canada, but they are limited and depend on the specific circumstances of the case. One possible defence is having a reasonable excuse for refusing to provide a sample. This could include a genuine medical condition that prevents you from providing a blood or urine sample, such as a blood clotting disorder or a severe phobia of needles. However, you would need to provide compelling evidence to support your claim. In some cases, you may also be able to argue that you were physically or mentally incapable of complying with the demand due to factors such as unconsciousness, severe injury, or mental impairment.
How does a refusal to provide a blood or urine sample affect my driving privileges?
Refusing to provide a blood or urine sample when lawfully demanded by a police officer in Canada can have significant consequences for your driving privileges, in addition to the criminal penalties you may face. If you are convicted of this offence, you will receive a mandatory driving prohibition as part of your sentence.
For a first offence, you will face a minimum driving prohibition of one year. For a second offence, the minimum prohibition is two years, and for a third or subsequent offence, the minimum prohibition is three years. These prohibitions are mandatory and cannot be reduced or avoided through negotiation with the prosecutor or the court.
What are my rights when a police officer requests a blood or urine sample?
When police demand a blood or urine sample in Canada, you have certain rights that must be respected throughout the process. First and foremost, the officer must have reasonable grounds to believe that you have committed an impaired driving offence within the preceding three hours and that taking a sample of your blood or urine would enable them to determine your blood alcohol concentration or blood drug concentration.
How does refusing a blood or urine test compare to refusing a breathalyzer test?
Refusing a blood or urine test is treated similarly to refusing a breathalyzer test under Canadian law. Both are considered criminal offences and carry the same penalties as impaired driving. When a police officer has reasonable grounds to believe that an individual has committed an impaired driving offence within the preceding three hours, they may demand a breath, blood, or urine sample to determine the individual’s blood alcohol concentration or blood drug concentration.
