Canadian Lawyer

www.canadianlawyermag.com 33 dom testing, which is difficult to achieve be- cause the lab's sample collector will still need to know where the person is in order to get the urine sample, so there will likely be at least some notice to the user. She says she's had "a real learning experi- ence" with these issues in a recent matter, where a spouse was being drug tested for more than a year in a custody case. "As time went on, we realized the testing ordered wasn't really random at all, and over and above that it turns out a user can alter a urine test. All it takes is for a user to do a quick Google [search] of 'how to beat a urine test.'" Chugging a few litres of fluid before the test can reduce the amount of the substance de- tectible in the sample, postponing the visit for a certain amount of time so the amount is be- low the threshold, testing themselves first with home testing kits usually consisting of an oral swab, planning usage around regularly sched- uled tests and even swapping out urine are all ways people can and have cheated the system. Hair follicle testing, which needs 1.5 inch- es of hair to determine average use in the last 90 days, is another common method of drug testing, but it also has limitations and ways around detection. For example, it can't tell you when they last used — last Thursday, while with the kids? Last night? Two weeks ago? Pawlitza says the hair follicle test is the better answer, but "people, if push comes to NATIONAL FAMILY LAW PROGRAM Halifa x, Nova Scot ia July 13-16, 2020 (July 12 Conference Office Opens and Reception) On Line Registration is Now Open For more detailed program information including registration instructions and fees, link to the Marriott Harbourfront Hotel room block and ongoing program updates visit: www.f lsc.ca then click on the link to the National Family Law Program If you are planning to attend please register for the program and book the hotel early to avoid disappointment. All questions about the program can be directed to Heather Walker, Program Coordinator e-mail: nationalfamilylawprogram@sympatico.ca Federation of Law Societies of Canada shove, can shave their heads." Follicles from any body hair — chest or armpit, for exam- ple — can be used, but they may say they've just been lasered. If the lab doesn't collect the hair sample but the user sends hair into the lab themselves, "you have no clue whose hair it is — you need a provable chain of custody." In one of her recent cases, all these issues came up and the director of the lab explained the science behind the tricks. Through trial and error, Pawlitza eventually determined the hair follicle test was the best bet since the urine test was too easily manipulated. "If a user is thoughtful and clever, it's actually not that difficult to play the 'testing game' — and it's hard to catch somebody," she says, adding

• Cover