Criminal Code of Canada - section 487.051(2) - Order- primary designated offences

section 487.051(2)

INTRODUCTION AND BRIEF DESCRIPTION

The court must make an order in relation to a person convicted of a primary designated offence, but may not if the impact on privacy and security is grossly disproportionate to the public interest.

SECTION WORDING

487.051(2) The court shall make such an order in Form 5.03 in relation to a person who is convicted, discharged under section 730 or found guilty under the Youth Criminal Justice Act or the Young Offenders Act, of an offence committed at any time, including before June 30, 2000, if that offence is a primary designated offence within the meaning of any of paragraphs (a.1) to (d) of the definition "primary designated offence" in section 487.04 when the person is sentenced or discharged. However, the court is not required to make the order if it is satisfied that the person has established that the impact of such an order on their privacy and security of the person would be grossly disproportionate to the public interest in the protection of society and the proper administration of justice, to be achieved through the early detection, arrest and conviction of offenders.

EXPLANATION

Section 487.051(2) of the Criminal Code of Canada establishes the obligation of a court to make an order in Form 5.03 that relates to an individual who has been convicted of a primary designated offence, under the Youth Criminal Justice Act, the Young Offenders Act, or the Criminal Code of Canada. This provision applies to offences committed at any time, including before June 30, 2000. The court is required to issue this order at the time of sentencing or discharge of the individual. The purpose of this order is to provide law enforcement agencies with access to specific information about the individual for a period of time determined by the court. This information may include the individual's name, date of birth, address, and other details that can aid in monitoring and preventing criminal activity. However, the section acknowledges the importance of protecting an individual's privacy and security. It allows for an exception to be made in circumstances where the court determines that the impact of such an order on the individual's privacy and security would be grossly disproportionate to the public interest in protecting society and the proper administration of justice. In summary, this section of the Criminal Code of Canada aims to provide law enforcement agencies with access to relevant information about individuals who have been convicted of primary designated offences, while balancing their right to privacy and security.

COMMENTARY

Section 487.051(2) of the Criminal Code of Canada mandates that the court must make an order in Form 5.03 against a person who has been convicted, discharged under section 730, or found guilty under the Youth Criminal Justice Act or the Young Offenders Act of a primary designated offence. The order aims to collect DNA evidence from the convicted offender, which can be used to establish a link between the offender and any past, present, or future crimes. The primary designated offences specified in the section include homicide, manslaughter, sexual offences, kidnapping, robbery, and non-consensual confinement, to mention a few. These are regarded as the gravest offences as they are violent and often represent a considerable risk to public safety. Given the seriousness of these offences, it is imperative that law enforcement agencies have all the necessary tools at their disposal to investigate and solve them. The DNA evidence collected under this provision can be used to make such investigations and determinations more effective and accurate. Nonetheless, the right to privacy is a fundamental human right, and it is protected by various international and national laws. Some convicted offenders may feel that their privacy and security are violated by the DNA collection order, even if it is meant to serve the public interest. The section recognizes this by providing an exception to the order's application if the offender can show that the impact on their privacy and security is grossly disproportionate to the public interest in the protection of society and the proper administration of justice. This means that in exceptional cases where an offender can demonstrate that the collection of DNA evidence violates their rights to the point that it outweighs the public interest, a judge may decide not to make the DNA order. In conclusion, DNA collection is a crucial tool for law enforcement agencies in investigating and solving crimes, especially those of a serious and violent nature. However, the right to privacy is equally important, and any measures that may infringe on it must be balanced against the public interest. The provision is a fine example of how Canadian criminal law balances the interest of individuals with the interest of society.

STRATEGY

Section 487.051(2) of the Criminal Code of Canada requires the court to make an order in Form 5.03 in relation to a person who is convicted, discharged under section 730 or found guilty under the Youth Criminal Justice Act or the Young Offenders Act, of a primary designated offence. This section enables the authorities to collect DNA samples from convicted individuals, potentially creating a DNA database that law enforcement agencies can use to solve crimes. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that should be taken into account. The first strategic consideration is to ensure that the order is made in accordance with the law. The Crown must ensure that the offence is a primary designated offence and that the order is made in the correct form. Another strategic consideration is to consider the potential impact of the order on the convicted individual's privacy and security. The legislation allows for exceptions to be made if the court is satisfied that the impact of the order on the individual's privacy and security would be grossly disproportionate to the public interest in the protection of society. It is essential to consider the individual's privacy and security and whether the impact of the order will be reasonable and proportionate. It is essential to communicate clearly and effectively with the convicted individual about the order and what it entails. The convicted individual must be informed of their rights and how to challenge the order if they believe it is unlawful or disproportionate. Another strategic consideration is to ensure that the DNA samples collected are handled responsibly and appropriately. The authorities must take every precaution to protect the DNA samples' privacy and security and ensure that they are used only for lawful purposes. The government and law enforcement agencies must consider the public's perception of the DNA database and its potential impact on public trust. The perception of the DNA database's purpose, the collection of DNA samples, and its potential impact on privacy and security could affect the public's trust in the authorities. To mitigate the potential negative perception of the DNA database, the government and law enforcement agencies could consider conducting public outreach, public information sessions, and other education initiatives to inform the public about the database's purpose and how the DNA samples are collected, handled, and used. In conclusion, there are several strategic considerations when dealing with section 487.051(2) of the Criminal Code of Canada. The legislation provides a powerful tool for the authorities to collect DNA samples and create a database, but it also raises important privacy and security concerns. Therefore, it is crucial to consider these issues carefully and take steps to address them while ensuring that the authorities can use the DNA database to promote public safety and justice.