Legal information capsules| Legal drug testing |
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A mother who had been taken away from her child that has been placed in a family was taken in hand through several assistance programs to re-obtain custody of it. Having always been receptive to advice from stakeholders, she was actively participating in several programms. However, she refused to submit to random testing for drug testing requested by the Directeor of Youth Protection.
The Quebec Court has determined that no one could blame her for refusing, because despite that this intrusion was requested in order to ensure the security, development and promotion of the interests of children, this was a infringement of her fundamental rights. Specifically, an unannounced drug testing by blood sample is a serious attack on the integrity, dignity and privacy of the person, as defined in Articles 1, 4 and 5 of the Bill of Rights and freedoms. The State has no choice but to respect the decision of the mother and should not draw any adverse inference. J.E 2011-674 |