Late last week a Manitoba paramedic made application for an expedited testing order under the Testing of Bodily Fluids and Disclosure Act. This application is the first made by a paramedic and only the second such request since the legislation was proclaimed in mid September.
Following an incident in which bloody saliva was spit in the face of a paramedic, the applicant contacted the provincial office of the Judicial Justice of the Peace (JJP) by telephone. A written application was submitted to the JJP by fax immediately following this call, and within hours the order was issued.
According to the legislation, it is the applicant's responsibility to ensure the testing order is served on the source individual. Earlier this year the Paramedic Association of Manitoba recommended the regulation be amended to relieve the applicant of this responsibility. The events around this application serve as a good example of why this process is inappropriate...not only does the source individual live a great distance from the applicant, but the circumstances around this incident suggest it would be best for the paramedic not to re-visit a potentially violent individual.
According to senior government officials, our initial concern regarding an applicant having to ensure a testing order is served was discussed with the Regional Health Authorities and WFPS. It was agreed by all parties that employers would assist their employees in the serving of these documents.
As with any "new" process, the circumstances around the request for blood testing in this incident were met with some confusion and a hurdle or two. But only two months ago there would not have been any process to follow.
