Process Flow Chart
Transcript: commissioner's directive 566-10 Urinalysis Procedure Shanel Dennis October 24, 2019 Demands for urinalysis will be authorized by a trained Correctional Manager/Parole Officer Supervisor, except a demand under paragraph 54(a) of the CCRA which requires authorization by the Institutional Head. When the demand for urinalysis is related to monitoring abstinence conditions, the Correctional Manager/Parole Officer Supervisor will ensure the demand targets only those substances identified in the condition(s). procedures Reasonable Grounds to Believe (Paragraph 54(a) of the CCRA) INSTITUTION A staff member may demand an inmate submit to urinalysis when he/she believes on reasonable grounds that the inmate has committed or is committing a disciplinary offence and that a urine sample is necessary to provide evidence of the offence, and the staff member obtains the prior authorization of the Institutional Head. RANDOM SELECTION 1. National Urinalysis Program Manager forwards random selection list to each Institutional Urinalysis Program Coordinator. 2. If offender is scheduled for transfer or release during the time period covered by the random list, a request for a urine sample may be made prior to reaching the inmate’s name on the list. 3. If inmate cannot provide sample, their name may be skipped until they are able. Program or Activity Involving Community Contact When an inmate requests to participate in a program a urinalysis is required when: a) has a record of substance abuse b) has been convicted of a disciplinary offence under of the CCRA within two years of the request. An authorized person has reasonable grounds to suspect that an offender has breached an abstinence condition for the use of alcohol or drugs of his/her conditional release or long-term supervision order, the authorized person may demand that the offender submit to urinalysis. Reasonable Grounds to Suspect (Paragraph 55(a) of the CCRA) COMMUNITY Regular Intervals When the Parole Officer, in connsultation with the Parole Officer Supervisor/Urinalysis Program Coordinator, considers to establish a urinalysis test with offenders who have a no alcohol or drugs condition, the following factors must be considered: a) the offender's record of substance abuse b) offences committed by the offender that were linked to substance abuse and for which the offender has been found guilty c) the ability of the offender to rehabilitate d) the program and treatment needs of the offender Possibly sections that staff members involved within the urinalysis procedure have be cautious of infringing on specific sections being to section 1, 7, 8, and 15 of the Charter of Rights and Freedoms which guarantees the rights and freedoms of the offender, their legal rights and their right to equality. charter infringments Section 1: The drug testing would have to be connected to the objective, and impair constitutional rights as little as possible, while the importance of the objective would have to outweigh the infringement of these rights. Section 7: The taking of bodily substances is a violation of one’s right to liberty and security of the person under section 7 of the Charter. When this is done without authority or consent, an accused is forced to give self-incriminating evidence whose admission would bring the administration of justice into disrepute. Section 1 & 7 Section 8: requires an objective precondition to mandatory drug testing, such as reasonable and probable grounds to suspect an employee of breaching a condition against the use of alcohol or drugs. The taking of bodily substances has been held to constitute a seizure within the meaning of that section (R. v. Dyment (1988), 2 S.C.R. 417) Section 15: provides that every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination. The basis for an allegation in regards to a urinalysis could be the "mental or physical disability" aspect of the section. Section 8 & 15
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