The accused was convicted of breaking and entering with intent to commit sexual assault and sentenced to imprisonment followed by probation.
The probation order required him to abstain from alcohol and drugs and to submit to bodily substance testing on demand to monitor compliance.
The Supreme Court of Canada held that while an abstention condition is authorized, sentencing judges have no statutory authority under the Criminal Code to compel the provision of bodily samples for enforcement purposes as part of a probation order.
