section 258.1(1)

INTRODUCTION AND BRIEF DESCRIPTION

Using bodily substances taken for testing purposes without consent or legal authorization is prohibited.

SECTION WORDING

258.1 (1) Subject to subsections 258(4) and (5) and subsection (3), no person shall use a bodily substance taken under paragraph 254(2)(b), subsection 254(3), (3.3) or (3.4) or section 256 or with the consent of the person from whom it was taken after a request by a peace officer or medical samples that are provided by consent and subsequently seized under a warrant, except for the purpose of an analysis that is referred to in that provision or for which the consent is given.

EXPLANATION

Section 258.1(1) of the Criminal Code of Canada prohibits the use of bodily substances taken under certain circumstances for any purposes other than those mentioned in the relevant provisions. Specifically, this section applies to bodily substances taken under paragraph 254(2)(b), subsection 254(3), (3.3) or (3.4) or section 256 or with the consent of the person from whom it was taken after a request by a peace officer or medical samples that are provided by consent and subsequently seized under a warrant. The restricted bodily substances could include breath or blood samples taken for impaired driving investigations, DNA samples taken during criminal investigations, or medical samples taken with consent but subsequently seized under a warrant. The section prohibits the use of these bodily substances for any purpose other than an analysis that is referred to in the specific provision or for which consent has been provided. The purpose of this section is to protect the privacy rights of individuals whose bodily substances are collected during criminal investigations. It ensures that these substances are not used for purposes other than those necessary for the investigation and prosecution of the crime in question. The section also provides safeguards to prevent unauthorized or inappropriate use of these bodily substances by law enforcement or other authorities. Overall, section 258.1(1) is an important provision that serves to protect the rights of individuals and establish clear guidelines for the use of bodily substances in criminal investigations. It reinforces the importance of privacy and provides a necessary check on the powers of law enforcement and other authorities.

COMMENTARY

Section 258.1(1) of the Criminal Code of Canada governs the use of bodily substances taken in compliance with the provisions listed in the section. Specifically, it prohibits any person from using such substances except for the specific purposes outlined in the relevant provisions or as provided for by the individual who consented to providing the sample. The provisions listed in Section 258.1(1) pertain to actions that allow for the collection of bodily substances for the purposes of a criminal investigation. For example, subsection 254(2)(b) allows for the collection of a breath sample from an individual suspected of driving under the influence of alcohol. Section 256 allows for the collection of bodily substances for forensic DNA analysis. The purpose of Section 258.1(1) is to ensure that bodily substances collected for specific investigative purposes are not used for any other purpose without proper authority or permission. The section aims to protect individuals' privacy by placing limits on the use of their bodily substances and ensuring that their personal information is not used in a manner they did not consent to. In addition to protecting privacy rights, Section 258.1(1) also serves to prevent abuses of power by law enforcement officials. The provisions in the section that allow for the collection of bodily substances were put in place with specific conditions and limitations, and the use of such substances outside of those conditions could result in violations of individuals' rights and liberties. One potential concern with Section 258.1(1) is the vagueness of the language used. For example, the section allows for the use of bodily substances "for the purpose of an analysis that is referred to in that provision." However, it is not clear what exactly constitutes an analysis referred to in the provisions listed in the section. This lack of clarity could lead to confusion and potential misuse of bodily substances collected for investigative purposes. Overall, Section 258.1(1) of the Criminal Code of Canada is an important safeguard against the misuse of bodily substances collected during criminal investigations. It serves to protect individuals' privacy and prevent abuses of power by law enforcement officials. However, the language used in the section could benefit from greater clarity in order to avoid confusion and ensure that the section is properly enforced.

STRATEGY

Section 258.1(1) of the Criminal Code of Canada outlines strict restrictions regarding the use of bodily substances taken from individuals under specific circumstances. This section is important because it exists to protect the privacy and bodily integrity of individuals, ensuring that their personal bodily substances cannot be used against them without their consent or proper legal authorization. Lawyers and law enforcement must understand the ramifications of this section and develop appropriate strategies for dealing with it. One strategic consideration when dealing with this section of the Criminal Code is to understand the specific situations in which it applies. Bodily substances taken under paragraph 254(2)(b), subsection 254(3), (3.3) or (3.4), section 256, or through consent under a request by a peace officer may only be used for specific purposes that the provision outlines. Legal professionals must understand the authorized purposes of utilizing these substances and ensure that their use complies with the provisions in this section. Another strategic consideration is to understand the potential penalties for violating this section. If a person uses bodily substances in a manner not authorized by the provisions outlined in the section, they can face significant legal repercussions. Depending on the severity of the situation and the scope of the violation, penalties can include fines, imprisonment, or other legal penalties. Legal professionals must understand the consequences of violating this section and develop strategies to avoid doing so. One strategy that could be employed is to ensure that all requests for bodily samples comply with the provisions outlined in the Criminal Code. If a peace officer requests that a person provides a bodily sample, they must provide a legal justification for doing so. Lawyers and other legal professionals can carefully review the justifications offered by law enforcement. If any of these justifications fall outside the authorized scopes of the section, legal professionals should challenge the request and work to protect their clients' constitutional rights. Another strategy that could be employed is to work to protect clients from unlawful searches and seizures. The provisions outlined in this section exist to protect individuals' privacy and bodily autonomy. Therefore, legal professionals can challenge law enforcement's attempts to take bodily samples without proper legal authorization. By working to protect clients' rights against unlawful searches and seizures, legal professionals can ensure that any bodily samples obtained are done so in a lawful and authorized manner. In conclusion, various strategic considerations must be taken into account when dealing with Section 258.1(1) of the Criminal Code of Canada. To avoid breaching the provisions outlined in this section, legal professionals must be aware of its authorized purposes, understand the penalties for any violations, and develop appropriate strategies for protecting clients' rights against unlawful searches and seizures. By following these strategies, legal professionals can ensure the use of bodily substances in a manner that complies with the Criminal Code and upholds the constitutional rights of the individuals involved.