Criminal Code of Canada - section 487.056(2) - When collection to take place

section 487.056(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the timing for taking bodily samples under authorized circumstances.

SECTION WORDING

487.056(2) Samples of bodily substances shall be taken as authorized under section 487.055 or 487.091 (a) at the place, day and time set out in an order made under subsection 487.055(3.11) or a summons referred to in subsection 487.055(4) or 487.091(3) or as soon as feasible afterwards; or (b) in any other case, as soon as feasible after the authorization is granted.

EXPLANATION

Section 487.056(2) of the Criminal Code of Canada outlines the procedures for taking samples of bodily substances. This provision specifies that such samples may be taken as authorized under section 487.055 or 487.091. Section 487.055 deals with the authorization to take samples for forensic DNA analysis. This section allows a judge to issue an order for the taking of samples of bodily substances from a suspect or convicted offender in order to conduct DNA analysis for investigative or evidentiary purposes. The order may require the individual to attend at a particular place, day, and time, or may be delivered through a summons. If an order or summons has been issued, section 487.056(2)(a) requires that the samples be taken at the specified time and place, or as soon as feasible thereafter. This provision recognizes the importance of taking the samples promptly in order to avoid contamination or degradation, and to ensure the accuracy of the analysis. In cases where no order or summons has been issued, section 487.056(2)(b) requires that the samples be taken as soon as feasible after the authorization is granted. This could occur when a suspect voluntarily consents to providing a sample, or when a police officer has reasonable grounds to believe that a suspect has committed a designated offence that triggers a warrantless search and seizure of bodily substances. Overall, section 487.056(2) of the Criminal Code of Canada provides clear guidelines for the taking of samples of bodily substances for forensic DNA analysis in order to assist with criminal investigations and prosecutions. These provisions help to maintain the integrity of the samples and ensure the accuracy of the analysis, while also protecting the rights of individuals subject to such searches.

COMMENTARY

Section 487.056(2) of the Criminal Code of Canada establishes the rules for taking samples of bodily substances from individuals suspected of committing certain offences. The section contains two provisions that specify when and how the collection of these samples should occur, depending on whether the authorization comes from an order or a summons. The first provision, outlined in sub-section (a), states that the samples must be taken at the place, day, and time indicated in the order made under sub-section 487.055(3.11) or in the summons issued under sub-section 487.055(4) or 487.091(3), or as soon as feasible thereafter. This provision sets strict guidelines for the collection of samples, which ensures that individuals who are subject to the order or summons can be adequately informed of their rights and obligations. The second provision, outlined in sub-section (b), provides more flexibility in the collection of samples. It states that if a sample is authorized under any other circumstances, it must be taken as soon as feasible after the authorization is granted. This provision recognizes that there may be situations where it is not possible to collect the sample immediately, such as when the individual is not present or it is unsafe to take the sample. Overall, the purpose of section 487.056(2) is to ensure that the taking of samples of bodily substances is conducted in a lawful and respectful manner, and that individuals who are subject to these orders or summonses are given proper notice and have the opportunity to exercise their rights. The section also recognizes that the collection of these samples can be a delicate matter, and it provides for appropriate safeguards to ensure that any infringement on an individual's privacy or bodily integrity is minimized. The taking of samples of bodily substances is a controversial subject, as it involves invasive procedures that can potentially violate an individual's privacy and bodily integrity. For this reason, some have criticized section 487.056(2) for not providing enough protections for individuals who are subject to these orders and summonses. Others have argued that the section goes too far in protecting the rights of individuals and that it can hinder law enforcement and the administration of justice. Nonetheless, section 487.056(2) remains an essential component of the Canadian Criminal Code, as it sets out clear rules and guidelines for the taking of samples of bodily substances. It is important that law enforcement and other officials adhere to these guidelines, and that individuals who are subject to these orders or summonses are treated with the utmost dignity and respect. Only in this way can the interests of justice be served while protecting the fundamental rights and freedoms of the individuals involved.

STRATEGY

Section 487.056(2) of the Criminal Code of Canada sets out the rules for taking samples of bodily substances as authorized under section 487.055 or 487.091. This section is a vital tool for law enforcement agencies in their fight against crime, particularly in cases of impaired driving, drug offences, and DNA evidence. However, there are certain strategic considerations that must be taken into account when dealing with this section of the Criminal Code of Canada. One of the primary strategic considerations relates to the timing of the sample collection. As per section 487.056(2), samples of bodily substances must be taken as authorized under section 487.055 or 487.091 at the place, day and time set out in an order made under subsection 487.055(3.11) or a summons referred to in subsection 487.055(4) or 487.091(3) or as soon as feasible afterwards. This means that the law enforcement agencies need to ensure that the samples are collected as soon as possible to maintain their reliability and credibility in the eyes of the court. Another important strategic consideration is the preservation of the chain of custody. The chain of custody refers to the chronological documentation or paper trail that records the handling and disposition of a piece of evidence from the time it is collected until it is presented in court. The chain of custody is essential to proving that the evidence has not been tampered with or contaminated. Law enforcement agencies need to ensure that the chain of custody is maintained throughout the process of collecting and analyzing bodily substances. A third strategic consideration is ensuring the admissibility of the evidence. Samples of bodily substances can be challenged by the defence on various grounds such as the manner in which they were collected, the conditions under which they were stored, or the reliability of the testing methods used. To ensure admissibility of the evidence, law enforcement agencies need to follow standardized and accepted procedures for collecting and analyzing bodily substances, such as the guidelines issued by the Canadian Society of Forensic Science. In light of these strategic considerations, there are several strategies that could be employed when dealing with section 487.056(2) of the Criminal Code of Canada. Firstly, law enforcement agencies need to ensure that they have the necessary training and equipment to collect bodily substances promptly and correctly while maintaining the chain of custody. Secondly, standardized and accepted procedures should be followed to ensure the admissibility of the evidence. Thirdly, the evidence should be examined by qualified forensic experts to establish its reliability and authenticity. Finally, to ensure that the samples collected are not destroyed or lost, they should be stored in secure evidence lockers or refrigerators. In conclusion, section 487.056(2) of the Criminal Code of Canada is a critical tool for law enforcement agencies in their fight against crime. However, there are several strategic considerations that need to be taken into account when dealing with this section of the Criminal Code. By employing the different strategies, law enforcement agencies can ensure the reliability and admissibility of the evidence. This would go a long way in securing criminal convictions and promoting public safety.