section 487.09(2)

INTRODUCTION AND BRIEF DESCRIPTION

A judge may order the preservation of bodily substances and DNA analysis results if they may be required for investigation or prosecution of another offense related to the same transaction.

SECTION WORDING

487.09(2) A provincial court judge may order that the bodily substances that are taken from a person and the results of forensic DNA analysis not be destroyed during any period that the provincial court judge considers appropriate if the provincial court judge is satisfied that the bodily substances or results might reasonably be required in an investigation or prosecution of the person for another designated offence or of another person for the designated offence or any other offence in respect of the same transaction.

EXPLANATION

Section 487.09(2) of the Criminal Code of Canada identifies the authority given to a provincial court judge to order the retention of bodily substances and forensic DNA analysis results beyond their initial retention period. This is intended to assist in the investigation and prosecution of an individual for a designated offence or any other offences relating to the same transaction. The section specifies the discretionary powers given to the judge, allowing for a period of retention for as long as the judge deems necessary, given the circumstances of the case. The purpose of the retention order is to provide authorities with the necessary evidence for a potential prosecution and maintain it so that it may be used as evidence at a later date. The evidence retained may be used in cases where an individual may potentially be charged with another crime related to the same offence. This may include using the genetic material to compare with other crime scenes, identifying unknown individuals at the crime scene, retesting the sample for new technological advancements, and so on. In essence, section 487.09(2) is part of the Criminal Code of Canada to ensure that DNA evidence is retained under the appropriate circumstances and to provide the necessary investigative tools for authorities to carry out their duties. It provides authorities with the legal means of retention, making it possible for a judge to order the prevention of destruction of bodily substances and forensic DNA analysis results in situations where it is required for further investigation or prosecution.

COMMENTARY

Section 487.09(2) of the Criminal Code of Canada is an important provision that enables the preservation of bodily substances and DNA analysis results for future investigations or prosecutions of designated offences. This section allows a provincial court judge to order the preservation of evidence that might be required in any future investigations or prosecutions of a person for another designated offence or another person for the designated offence or any other offence related to the same transaction. The provision ensures that the preservation of evidence is considered before the destruction of any potential evidence occurs. The importance of preserving bodily substances and DNA evidence is necessary to ensure justice is carried out fairly and accurately. Bodily substances such as blood, hair, saliva, and semen can provide valuable DNA information that may link a suspect to a crime scene. DNA analysis can be used to identify suspects and establish a link between a suspect and a crime scene. DNA evidence can also provide evidence of innocence. Preserving bodily substances and DNA analysis results can also provide valuable information for future investigations and prosecutions. For instance, it may be possible for DNA evidence to be used to link a suspect to a series of offenses, which would otherwise go unsolved. The provision allows law enforcement agencies to keep evidence for longer periods when there may be reasons to believe it may become important with the passage of time. In some cases, the provision may lead to conflicts between the accused's right to privacy and the interests of the state in preserving evidence. It is necessary for the provincial court judge to assess the balance between these rights carefully. If the preservation of evidence is disproportionate to the interests of the state, it may infringe upon the privacy rights of the accused. Furthermore, the provision's application can vary depending on a variety of factors, including the type of offence under investigation, the scope of the investigation, and the type of bodily substance and DNA evidence being analyzed. For example, in some cases, the preservation of evidence may be necessary if an investigation is ongoing, while in other cases, it may only be required for specific evidence that may become important in future investigations or prosecutions. In conclusion, the preservation of bodily substances and DNA analysis results is essential to ensuring that justice is served and that innocent people are protected. The criminal justice system requires the use of the most advanced technology and techniques to investigate even the most complicated cases. The provision in Section 487.09(2) of the Criminal Code of Canada is a crucial tool for law enforcement agencies to use when appropriate, to preserve potential evidence for future investigations or prosecutions. It is important for the provincial court judge to weigh the interests of the state against the privacy rights of the accused before making a decision to order the preservation of evidence. It is also necessary for law enforcement agencies to handle bodily substances and DNA analysis results with utmost care and ensure their processing and preservation is done in a manner that meets the requirements and standards of the Criminal Code.

STRATEGY

There are several strategic considerations when dealing with section 487.09(2) of the Criminal Code of Canada. Firstly, it is important to understand the circumstances under which a provincial court judge may order that the bodily substances and the results of forensic DNA analysis not be destroyed during any period that the judge considers appropriate. This section applies when there is a possibility that the evidence might be required in an investigation or prosecution of the person for another designated offence, or of another person for the designated offence or any other offence in respect of the same transaction. One of the key strategies that can be employed is to ensure that all relevant information is presented to the provincial court judge. This includes information regarding the designated offence, the transaction in question, and any other potential offences that might be related. The judge must be satisfied that there is a reasonable possibility that the evidence might be required in an investigation or prosecution for one of these offences. It is therefore important to present a strong case and provide all relevant information to the judge in order to increase the likelihood of success. Another strategic consideration is to ensure that the bodily substances and forensic DNA analysis are properly stored and maintained during the period that they are not destroyed. This is important to ensure that the evidence remains admissible and accurate if it is required in a future investigation or prosecution. Any mishandling or contamination of the evidence could render it inadmissible or unreliable, which could be detrimental to the case. It is also important to be aware of the potential impact of such an order on the individual whose bodily substances were taken. The order can have significant personal and psychological impacts on an individual, particularly if the evidence is not ultimately required in any further investigations or prosecutions. Therefore, it is important to consider the potential consequences of seeking such an order and to carefully weigh the benefits and risks before proceeding. Ultimately, the strategy that is employed will depend on the specific circumstances of each case. It is important to consider the strength of the evidence, the potential relevance of the evidence to future investigations or prosecutions, and the potential impacts of seeking such an order on both the individual and the justice system as a whole. By taking a strategic and thoughtful approach, it is possible to maximize the chances of success and achieve the desired outcome.