Criminal Code of Canada - section 487.07(3) - Respect of privacy

section 487.07(3)

INTRODUCTION AND BRIEF DESCRIPTION

Police must respect the privacy of individuals when taking bodily substance samples.

SECTION WORDING

487.07(3) A peace officer who takes samples of bodily substances from a person, or a person who takes such samples under the direction of a peace officer, shall ensure that the person’s privacy is respected in a manner that is reasonable in the circumstances.

EXPLANATION

Section 487.07(3) of the Criminal Code of Canada is an important provision that is concerned with the collection of bodily substances from individuals who are suspected of committing certain criminal offenses. This section mandates that peace officers, who are responsible for collecting these samples, must respect the privacy of the individual being sampled in a reasonable manner. The collection of bodily substances, such as blood, urine, or saliva, may be necessary for a variety of reasons, including the investigation of sexual assault cases, impaired driving offenses, and various other types of crimes. However, despite the potential benefits of this practice, there are also significant concerns about privacy and the potential for abuse. To address these concerns, section 487.07(3) imposes an obligation on peace officers and individuals collecting bodily samples to ensure that the individual's privacy is respected in a way that is reasonable in the circumstances. This means that the officer must take steps to minimize any intrusion on the person's privacy and dignity during the collection process. They should do everything necessary to maintain a reasonable level of privacy and protect the individual's rights, including the use of appropriate physical barriers, the provision of appropriate clothing, and the use of medical gloves. The provision allows for flexibility in implementation, so the level of privacy required will depend on the circumstances. It recognizes that there may be situations where it is not possible to implement full privacy measures but emphasizes the obligation to use reasonable measures under the circumstances. In conclusion, Section 487.07(3) of the Criminal Code of Canada demonstrates the government's commitment to protecting citizens while still allowing for the collection of necessary evidence for investigative purposes. The provision serves to balance the rights of an individual with the responsibility of the state to maintain law and order. By respecting the privacy of individuals who are being sampled, the Criminal Code ensures that justice is served in a fair and ethical manner.

COMMENTARY

Section 487.07(3) of the Criminal Code of Canada addresses the sensitive issue of taking samples of bodily substances in the context of criminal investigations. This provision aims to strike a delicate balance between the need to gather evidence and the importance of respecting individuals' privacy rights. The provision applies to peace officers who take samples of bodily substances from a person, such as blood, urine, and DNA, or to persons who take such samples under the direction of a peace officer. The scope of this section is broad, as bodily substances can often provide valuable evidence in criminal investigations, such as in cases of sexual assault, homicide, or impaired driving. However, the provision emphasizes the importance of respecting the person's privacy during the process of collecting such samples. This is to ensure that the individual's dignity is preserved, as they may be in a vulnerable or uncomfortable situation. It is also in line with the recognition of privacy as a fundamental human right under the Canadian Charter of Rights and Freedoms. The provision requires that the person's privacy is respected in a manner that is reasonable in the circumstances. This means that the peace officer or person taking the sample must take into account the specific circumstances of the case, such as the location, the presence of witnesses or family members, and the physical and emotional state of the person. For example, a peace officer may be required to allow the person to use a private restroom, use a curtain or screen to shield them from public view, or provide them with appropriate clothing to maintain their modesty. In addition, this provision also underscores the importance of obtaining informed consent from the person before taking the sample. The person must be made aware of the purpose and implications of the sample collection, as well as their right to refuse. In cases where the person is unable to give consent, such as in a medical emergency or when they are under the influence of drugs or alcohol, the peace officer may still take the sample if it is necessary to preserve evidence or ensure the person's safety. Overall, section 487.07(3) of the Criminal Code of Canada is a crucial provision that recognizes the need to balance the gathering of evidence with the respect for privacy and human dignity. It highlights the importance of treating people with sensitivity and compassion, particularly in situations where they may be in a vulnerable or distressing position. By adhering to this provision, peace officers can ensure that they fulfill their duties while upholding the fundamental values of equality and respect for the rights of all individuals.

STRATEGY

Section 487.07(3) of the Criminal Code of Canada is of great importance when it comes to taking samples of bodily substances from individuals. In order to maintain public trust and confidence in law enforcement, it is critical that officers act in a manner that is respectful of an individual's privacy. Failure to do so can not only lead to legal challenges, it can also decrease the likelihood of cooperation from witnesses, victims, and suspects. As such, there are several strategic considerations that must be taken into account in order to ensure that the provisions of this section are adhered to. One key strategic consideration is to understand what is meant by "reasonable in the circumstances." Police officers must be able to determine what is an appropriate level of privacy when taking samples of bodily substances. This can vary depending on the situation and context. For example, in a hospital setting where an individual has already provided a sample, taking additional samples in a manner that respects their privacy may be different than in a public location. Another strategic consideration is to ensure that officers are properly trained on how to adhere to this section of the Criminal Code. This may include providing training on how to obtain samples while respecting an individual's privacy, how to properly document the process, and how to respond to any legal challenges that may arise as a result of a violation of this section. There are also strategies that can be employed to ensure that an individual's privacy is respected when taking samples of bodily substances. One such strategy is to ensure that the individual is fully informed of the reason for taking the sample and how the sample will be used. Additionally, officers should consider using private areas for sample collection, such as a hospital room or other private space. Using a curtain or other physical barrier can also afford a greater level of privacy during the sample collection process. In addition, officers can take steps to limit the number of individuals present during the sample collection process. This may mean asking other officers or medical staff to leave the room during the collection process. Additionally, officers should consider requesting consent from the individual before taking any samples, as this can help to ensure that the individual is fully aware of what is happening and is more likely to cooperate. Finally, officers should be aware of how this section of the Criminal Code may be interpreted by the courts. Any breaches of this section can result in legal challenges that could ultimately lead to evidence being excluded from court proceedings. As such, it is important that officers take this section seriously and ensure that they are acting in accordance with the provisions of the law. In conclusion, Section 487.07(3) of the Criminal Code of Canada is an important provision that must be taken seriously by law enforcement officers. By understanding what is meant by "reasonable in the circumstances" and taking steps to ensure that an individual's privacy is respected during sample collection, officers can maintain public trust and confidence in law enforcement while also ensuring that they are acting in accordance with the law.