Ontario

Legislation Sections Database at defencecounsel.com for:

DUI Procedure/Evidence

Prohibition on Disclosing Disclosure

Bill C-46

Section number:

320.36

Prohibition on Disclosing Disclosure

320.36 

 

 

 

(1) No person shall use a bodily substance obtained under this Part for any purpose other than for an analysis under this Part.

 

 

 

Unauthorized use or disclosure of results

 

(2) No person shall use, disclose or allow the disclosure of the results obtained under this Part of any evaluation, physical coordination test or analysis of a bodily substance, except for the purpose of the administration or enforcement of a federal or provincial Act related to drugs and/or alcohol and/or to the operation of a motor vehicle, vessel, aircraft or railway equipment.

 

 

 

Exception

 

(3) The results of an evaluation, test or analysis referred to in subsection (2) may be disclosed to the person to whom they relate, and may be disclosed to any other person if the results are made anonymous and the disclosure is made for statistical or research purposes.

 

Offence

 

(4) Everyone who contravenes subsection (1) or (2) commits an offence punishable on summary conviction.

This new section replaces section 258.1 of the Criminal Code. Section 258.1 is currently the subject of litigation in R. v. Stipo. There is a decision from the Ontario Court of Appeal.

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