section 258.1(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section prohibits the unauthorized disclosure of test results related to impaired driving, except in certain circumstances.

SECTION WORDING

258.1(2) Subject to subsections (3) and (4), no person shall use, disclose or allow the disclosure of the results of physical coordination tests under paragraph 254(2)(a), the results of an evaluation under subsection 254(3.1), the results of the analysis of 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 the results of the analysis of medical samples that are provided by consent and subsequently seized under a warrant, except (a) in the course of an investigation of, or in a proceeding for, an offence under any of sections 220, 221, 236 and 249 to 255, an offence under Part I of the Aeronautics Act, or an offence under the Railway Safety Act in respect of a contravention of a rule or regulation made under that Act respecting the use of alcohol or a drug; or (b) for the purpose of the administration or enforcement of the law of a province.

EXPLANATION

Section 258.1(2) of the Criminal Code of Canada outlines restrictions on the use and disclosure of results from physical coordination tests, evaluations, and bodily substance analyses. In general, these results cannot be used or disclosed without the consent of the person from whom they were taken or under specific circumstances outlined in the section. The first exception allows for the use of these results in the course of an investigation or proceeding for certain criminal offenses related to impaired driving or transportation safety. This includes offenses under sections 220, 221, 236, and 249 to 255 of the Criminal Code, as well as offenses under the Aeronautics Act or Railway Safety Act related to the use of alcohol or drugs. The second exception permits the use of these results for the purpose of administering or enforcing the law of a province. This could include conducting investigations or proceedings related to provincial offenses, such as traffic violations or other criminal offenses. Overall, Section 258.1(2) serves to protect the privacy rights of individuals who have undergone physical coordination tests, evaluations, or bodily substance analyses. It ensures that their results are not used or disclosed without their consent or under specific circumstances authorized by law.

COMMENTARY

Section 258.1(2) of the Criminal Code of Canada deals with the use and disclosure of information gathered through physical coordination tests, evaluations, and bodily substance analysis. The section prohibits the use of this information without consent, with exceptions made only in specific circumstances. The restriction against using or disclosing the results of physical coordination tests, evaluations, and bodily substance analysis without the consent of the individual is a fundamental right in a democratic society. It protects citizens from unwarranted intrusions into their personal privacy and ensures that law enforcement officers do not abuse their power. While the protection of individuals' privacy is crucial, public safety is also important. The exceptions in the section are provided to ensure that public safety is not compromised. The first exception outlined in Section 258.1(2)(a) allows for the use and disclosure of this information in investigations or proceedings related to certain offenses such as impaired driving or aviation-related offenses. This exception is essential as it enables the prosecution to access evidence that would not be otherwise admissible. Law enforcement officers need to be able to use such information to charge and prosecute offenders effectively. The second exception outlined in Section 258.1(2)(b) allows for the use and disclosure of this information for provincial law administration purposes. This purpose is general and provides the latitude for information sharing that can be used in legal proceedings related to traffic offenses. However, it does not involve any criminal investigation or prosecution. Section 258.1(2) also renders it an offense to use or disclose such information without the required consent or legal justification. Persons found guilty of this are liable to punishment, including fines and imprisonment, depending on the severity of the offense. In conclusion, Section 258.1(2) of the Criminal Code of Canada is essential in safeguarding the rights of individuals and ensuring that personal information gathered by law enforcement is not misused. The exceptions outlined in the section pertain to matters of public interest and safety and are thus crucial to the administration of justice. The section also serves to deter offenders from misuse and illegal disclosure of personal information gathered by law enforcement, promoting the effective administration of justice.

STRATEGY

Section 258.1(2) of the Criminal Code of Canada pertains to the privacy and confidentiality of physical coordination tests and medical samples taken for the purpose of detecting impaired driving. There are several strategic considerations that legal professionals must take into account when dealing with this section of the Code. Firstly, it is crucial to understand the scope of the section and the circumstances under which the results of physical coordination tests or medical samples can be disclosed. As per the section, these results can only be disclosed in the course of an investigation of, or a proceeding for, specific types of offences or for the administration or enforcement of the provincial law. Legal professionals must take these limitations in mind and ensure that any disclosures made fall within the permissible scope of the section. Secondly, it is important to maintain the confidentiality of the physical coordination tests and medical samples that are taken from individuals suspected of impaired driving. This includes ensuring that these samples are stored and handled appropriately, and only disclosed when required by law or with the consent of the individual concerned. Any inadvertent disclosure or breach of confidentiality could have negative consequences for the legal proceedings and for the individual's privacy rights. Thirdly, legal professionals must be mindful of the potential challenges that may arise when dealing with this section. For example, there may be disputes over whether the disclosure of physical coordination test results or medical samples is necessary or permissible under the circumstances, or whether the disclosure was made with the appropriate legal authority. These disputes can be complex and time-consuming to resolve, and legal professionals must have a robust understanding of the law and the relevant precedents to deal with them effectively. Given these strategic considerations, legal professionals may employ several strategies when dealing with this section of the Criminal Code of Canada. For example, they may advise their clients to give only the minimum required information when asked to provide physical coordination tests or medical samples, to avoid inadvertently disclosing information that could be used against them. They may also advise their clients to seek legal advice in case of any doubts or concerns over the use or disclosure of their test results or medical samples. In conclusion, Section 258.1(2) of the Criminal Code of Canada is a vital safeguard of privacy and confidentiality in cases of impaired driving. Legal professionals must be well-versed in the nuances of the section and employ appropriate strategies to ensure that the rights and interests of their clients are protected.