section 487.01(2)

INTRODUCTION AND BRIEF DESCRIPTION

Subsection 1 does not allow interference with a persons bodily integrity.

SECTION WORDING

487.01(2) Nothing in subsection (1) shall be construed as to permit interference with the bodily integrity of any person.

EXPLANATION

Section 487.01(2) of the Criminal Code of Canada is a provision that clarifies the limitations of the powers granted to law enforcement under subsection (1) of the same section. This provision is critical as it sets certain boundaries on what law enforcement can and cannot do while performing their duties. Subsection (1) of Section 487.01 grants law enforcement officers the power to carry out investigative techniques such as wiretapping, data seizure, and search and seizure warrants among others to gather evidence in the course of their work. However, this power is not absolute, and the law provides for certain rights to the individuals being investigated or searched. Section 487.01(2) serves to emphasize that the rights of the individual being investigated must always be respected, particularly their bodily integrity. This provision ensures that law enforcement does not cross the line and undertake actions that can be seen as a violation of an individual's human rights. For example, law enforcement cannot subject a person to strip searches, demeaning body cavity searches, or invasive medical procedures without proper and legal justification. Furthermore, the limitation in subsection (2) of the section emphasizes the need for careful consideration of the privacy concerns of individuals in the digital age. Cases of digital privacy breach by law enforcement officials have led to calls for more stringent privacy laws. Section 487.01(2) helps to underscore that law enforcement must always comply with the law and protect individual privacy. In summary, Section 487.01(2) ensures that law enforcement officials operate within the law and respect the rights of individuals, which is fundamental to good governance and the rule of law.

COMMENTARY

Section 487.01(2) of the Criminal Code of Canada is a crucial provision that ensures that the bodily integrity and autonomy of individuals are not compromised in the course of criminal investigations and proceedings. It is an essential protection for people's fundamental human rights and dignity, which should be upheld and respected, even in situations where they are suspected or accused of committing an offense. The provision prohibits any actions that may result in the interference with the bodily integrity of any person while carrying out a lawful search or seizure authorized under section 487 of the criminal code. These actions may include strip searches, body cavity searches, or any other form of physical intrusion that would infringe on a person's privacy. The bodily integrity of individuals is a critical right, and any interference with their bodies without their consent is a violation of their dignity, privacy, and autonomy. Therefore, this provision is necessary to protect people from any form of physical harm, mental anguish or emotional distress that may result from being subjected to unlawful and intrusive searches. The provision does not, however, prevent lawful searches or seizures carried out with a warrant issued by a judge or justice of the peace. However, the searches must be conducted within the limits outlined in the warrant, and any actions that may cause undue harm or injury to an individual must be avoided. In situations where an individual's health or safety is at risk, the police may have to use force to prevent harm or injury. This force should, however, be necessary and proportionate to the situation at hand, and such actions must be performed by qualified personnel such as a medical doctor or a qualified nurse. Furthermore, the provisions of section 487.01(2) of the Criminal Code of Canada work hand in hand with the Canadian Charter of Rights and Freedoms, which recognizes and protects the fundamental rights and freedoms of Canadians. Section 487.01(2) of the Criminal Code of Canada provides protection against unreasonable searches and seizures, which is guaranteed under section 8 of the Charter. The provision is, therefore, an essential safeguard that helps maintain the balance between the need to investigate and prosecute crimes and the need to respect the fundamental rights and freedoms of individuals. It provides guidance to law enforcement officers, ensuring that their actions remain within the bounds of the law, and protects people from arbitrary and intrusive search and seizure practices. In conclusion, section 487.01(2) of the Criminal Code of Canada is a vital provision that protects the dignity, privacy, and autonomy of individuals. It is an essential safeguard that ensures that the bodily integrity of individuals is respected and upheld, even in situations where they are suspected or accused of committing a crime. It is an excellent example of how the criminal justice system can balance the need for law enforcement and the protection of individual rights and freedoms.

STRATEGY

Section 487.01(2) of the Criminal Code of Canada is an important provision when dealing with investigative measures. It states that nothing in subsection (1) shall be construed as to permit interference with the bodily integrity of any person. Subsection (1) outlines the various investigative measures that law enforcement can take, such as warrantless searches and seizures, electronic surveillance, and production orders. When dealing with this section, there are several strategic considerations that need to be taken into account. One of the most important is respecting the rights of individuals, which includes their bodily integrity. Investigators and law enforcement officials need to ensure that they do not infringe upon the privacy and bodily autonomy of individuals while carrying out their duties. Failure to do so could lead to legal challenges, negative publicity, and a loss of public trust. Another key consideration is the need to balance investigative measures against the need to protect civil liberties. While it might be tempting to use more intrusive measures in order to obtain evidence or intelligence, it is important to remember that such measures can have serious consequences for the individuals involved. For example, warrantless searches can infringe upon an individual's right to privacy, while electronic surveillance can undermine their freedom of expression. Thus, investigators need to carefully weigh the potential benefits of any investigative measure against the potential harm it may cause to individuals' civil liberties. One strategy that could be employed when dealing with this section is to use targeted investigative measures. Rather than blanket surveillance or searches, investigators could focus on specific individuals or groups who are suspected of criminal activity. This approach could help to minimize the impact on innocent individuals while still providing law enforcement with the necessary information to pursue criminal investigations. Another strategy is to ensure that all investigative measures are carried out with the appropriate legal authority. For example, searches and seizures should be conducted pursuant to a judicially authorized warrant, while electronic surveillance should be authorized by a judge or other legal authority. This can help to ensure that all investigative measures are carried out in a manner that respects the rights of individuals and complies with the requirements of the law. Finally, it is important to ensure that individuals are aware of their rights and have access to legal representation. This can help to ensure that individuals are not coerced or intimidated into providing evidence or consenting to investigative measures. It can also help to ensure that any evidence obtained is admissible in court, as individuals who are not properly informed of their rights may be able to challenge the legality of any investigative measures taken against them. In conclusion, section 487.01(2) of the Criminal Code of Canada plays an important role in regulating investigative measures and protecting the rights of individuals. To deal with this section effectively, investigators and law enforcement officials need to be mindful of individual rights, balance investigative measures against civil liberties, and ensure that all investigative measures are carried out with the appropriate legal authority. By following these strategies, investigators can carry out their duties in a manner that is both effective and respectful of civil liberties.