Can a Nurse/Doctor, at the Request of the Police, Take my Blood if I am Unconscious? (Part I)
The unconscious patient under criminal investigation raises challenges for the police who seek to obtain a sample of that patient’s blood for analysis, as there would appear to be no statutory authority for their doing so. If police are able to obtain the blood, it would have to be under their common law ancillary powers . The exercise of all public power must find its ultimate source in a legal rule—this precept which is a fundamental component of the rule of law , which lies at the root of our system of government. Grounded in the common law, the ancillary powers doctrine is codified in s. 31(2) of the Interpretation Act , R.S.C. 1985, c I-21: 31(2) Where power is given to a person, officer or functionary to do or enforce any act or thing, all such powers as are necessary to enable the person, officer or functionary to do or enforce the doing of the act or thing are deemed to be also given However, it is well-established that—at least in light of the cu...