Bill C-46

At the same time, Parliament provided for the requirements for a stopped individual to provide breath samples and for a standard of proof facilitated by the establishment of presumptions, such as the presumptions of accuracy and of identity.29 In 1979, to assist the police in obtaining the necessary grounds to require a driver to submit to a breath test at the police station, Parliament provided f [...] If the device indicates the presence of alcohol, the police officer would have reasonable grounds to suspect that the person has alcohol in their body, which would justify further testing.36 The bill also amended sections 255(3) and 255(3.1) of the Code, which currently refer to the offence of impaired driving causing death, changing the title of the offence to “vehicular homicide as a result of i [...] The bill amends section 254(3.4) of the Code regarding the taking of samples of bodily fluids (at the police station) to determine the presence of drugs in the blood. [...] The amended section allows the peace officer or the evaluating officer (who has reasonable grounds to believe that the person is impaired by a drug or by a combination of alcohol and a drug) to require the person to provide a sample of oral fluid, urine or blood to determine the presence of drugs in their body. [...] In addition, the new provisions no longer specify that the physical or mental inability to consent to the taking of the person’s blood must result from the consumption of alcohol or a drug, as is the case with current section 256(1)(b)(i) of the Code.