This paper provides a brief overview of the relevant statutory provisions, together with some useful case references to provide practitioners with guidance when litigating blood sample cases. The paper discusses section 256 of the Criminal Code (“Warrant to Obtain Blood Sample”) to provide a useful backdrop against which the second 264 (3) demand and hospital seizures can be viewed.

This paper was presented at the Blood, Sweat, and Tears Seminar in March 2013.

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