COVID-19 Testing Requirement for Bail Conditions Raises Concerns Over Unlawfulness

Strategic Insights -

A 27-year-old man arrested for allegedly spitting at police during a protest outside Adamson Barbecue has been required to undergo a COVID-19 test and disclose the results as a condition of his bail, sparking concerns among lawyers that the condition is "unreasonable" and "likely unlawful." Michael Belito Arana faces several charges, including six counts of assaulting a police officer, and has been ordered to provide proof of his test results to the officer in charge of his case.

Key Takeaways:

  • The bail condition requires Arana to undergo a COVID-19 test and disclose the results, which lawyers argue is a "warrantless search" and an "overreach" by authorities.
  • This is the first time lawyers have seen a bail condition that requires someone to disclose their personal medical history, with lawyers arguing that it sets a "dangerous precedent."
  • The lawyers also argue that the requirement is "unlawful" and that police need a warrant to obtain medical information, which would only be granted if there were reasonable grounds to believe it would show evidence of a crime.
  • Arana's lawyer, Ian McCuaig, plans to pursue a bail review to challenge the requirement.
  • Other lawyers have expressed concern that this condition could be used to discriminate against people with health issues, citing parallels with cases where people were charged for allegedly not disclosing their HIV-positive status.
  • The bail conditions for Adamson Barbecue's owner, Adam Skelly, do not include the requirement to undergo testing, despite facing similar charges.

Statistics:

  • 6 counts of assaulting a police officer against Michael Arana.
  • 1 COVID-19 test required as a condition of Arana's bail.
  • 28 days: the length of the lockdown announced by Premier Doug Ford for Toronto and Peel Region.

Sources:

  • Betsy Powell and Ann Marie Elpa, "COVID-19 testing required for suspected cop spitter, lawyers claim it's 'unlawful'": no date provided.
  • Ian McCuaig, lawyer for Michael Arana, as quoted in the Toronto Star: no date provided.
  • Daniel Brown, vice-president of the Criminal Lawyers' Association, as quoted in the Toronto Star: no date provided.
  • Cynthia Fromstein, lawyer, as quoted in the Toronto Star: no date provided.
  • Toronto Star: "Second jailbreak at Adamson Barbecue has A-lister lawyer demanding answers": no date provided.