section 487.051(3)

INTRODUCTION AND BRIEF DESCRIPTION

This section gives the court the power to make an order in relation to a person who has been found not criminally responsible on account of mental disorder or convicted of a designated offence, taking into account their criminal record, circumstances surrounding the offence, and impact on their privacy and security.

SECTION WORDING

487.051(3) The court may, on application by the prosecutor and if it is satisfied that it is in the best interests of the administration of justice to do so, make such an order in Form 5.04 in relation to (a) a person who is found not criminally responsible on account of mental disorder for an offence committed at any time, including before June 30, 2000, if that offence is a designated offence when the finding is made; or (b) 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 secondary designated offence when the person is sentenced or discharged. In deciding whether to make the order, the court shall consider the persons criminal record, whether they were previously found not criminally responsible on account of mental disorder for a designated offence, the nature of the offence, the circumstances surrounding its commission and the impact such an order would have on the persons privacy and security of the person and shall give reasons for its decision.

EXPLANATION

Section 487.051(3) of the Criminal Code of Canada allows for the court to make an order in relation to a person who has been found not criminally responsible on account of mental disorder for a designated offence or a person who has been convicted, discharged, or found guilty of a secondary designated offence. This order is made in Form 5.04 and is subject to the court being satisfied that it is in the best interests of the administration of justice to do so. The court must consider a number of factors before making the order, including the person's criminal record, any previous findings of not criminally responsible on account of mental disorder for a designated offence, the nature and circumstances surrounding the commission of the offence, and the impact the order would have on the person's privacy and security. The court must also provide reasons for its decision. Essentially, this section allows the court to make an order that requires the person to provide a DNA sample, fingerprints, and/or photographs if it is deemed necessary in the interest of the administration of justice. This information can be used to assist with the investigation and prosecution of future crimes. The section aims to balance public safety with the privacy and security of the individual. Overall, section 487.051(3) serves as a means for the court to ensure that appropriate measures are put in place to protect the public while also taking into account the individual's rights. It allows for a tailored approach that considers all relevant factors and ensures that the order is made only when necessary.

COMMENTARY

Section 487.051(3) of the Criminal Code of Canada provides for the possibility of making an order in relation to a person who has been found not criminally responsible on account of mental disorder or convicted of a designated offence. This order is designed to protect the public's safety and secure justice. The court must determine that it is in the best interests of the administration of justice to make such an order, following application from the prosecutor. Form 5.04 outlines the conditions and the length of the order and ensures that the court will consider important factors when making its decision. Notably, the provision allows for an order to be made in relation to an offence committed before June 30, 2000. This is significant because it provides a means of ensuring public safety and enforcing justice for people who have severally evaded the law for a long time by committing offences in the past and placing community safety at risk. The discretion to make such an order is vested in the court. The court must, in particular, consider the person's criminal record and whether they have previously been found not criminally responsible on account of mental disorder for a designated offence, in addition to the circumstances surrounding the commission of the offence. Furthermore, the court must give reasons for its decision, explaining how it considered these factors while making a determination. In considering a person's criminal record, the court will take into account past convictions and sentences; if a person has committed many offences in the past, there is an increased danger to public safety. The court will also take into account whether the offender has been found not criminally responsible on account of mental disorder for a designated offence, which will indicate the risk or dangers involved, should they be released into the public. It is noteworthy that the court may also consider the nature of the offence and its impact on the victim and the community. By juxtaposing community safety and the protection of privacy, the court must balance the need for public protection with the offender's right to privacy, taking into account the offender's privacy and security. When making its decision, the court should therefore weigh the factors implicating community safety versus those implicating personal rights to come to a balanced decision. In conclusion, section 487.051(3) of the Criminal Code of Canada, makes specific provision for an order to be made in relation to a person found not criminally responsible on account of mental disorder or convicted of a designated offence, after carefully considering aspects such as the person's criminal record, whether they have been found not criminally responsible on account of mental disorder, etc. The provision contributes to ensuring public safety while protecting the offender's rights.

STRATEGY

Section 487.051(3) of the Criminal Code of Canada allows prosecutors to request an order to collect DNA samples from individuals who have been found not criminally responsible on account of mental disorder or have been convicted of designated offences. This section is a crucial tool in solving crimes, as DNA evidence can help identify offenders and exonerate wrongfully accused individuals. However, it is essential to consider the strategic implications of implementing this section to ensure that its application is ethical, effective and fair. One strategic consideration is the potential infringement on privacy rights and personal security. The order to collect DNA samples involves an invasive and irrevocable process, which can be traumatic for individuals who have previously experienced mental health issues or trauma. Therefore, it is crucial to ensure that the order is justified, and the procedure is conducted with sensitivity and care. Additionally, the order must comply with existing laws and regulations that protect personal data and prohibit discrimination based on genetics. Another strategic consideration is the potential impact on the public perception of the justice system. The use of DNA evidence is a powerful tool that can increase public trust and confidence in the justice system's ability to solve crimes. However, misapplication or overuse of this section can lead to negative public perceptions about the system's fairness and equity. Therefore, it is essential to ensure that this section is used in a targeted and appropriate manner, based on sound legal and ethical grounds. Strategy implementation can involve various tactics, such as developing guidelines to determine when an application for an order to collect DNA samples is appropriate. It can involve creating an oversight mechanism to ensure that the order is justified, and the procedure is followed as per the guidelines. It can also involve engaging stakeholders, such as advocacy groups and mental health professionals, to ensure that the process is transparent and accountable. In conclusion, section 487.051(3) of the Criminal Code of Canada is a valuable tool in law enforcement's efforts to solve crimes and bring offenders to justice. However, its implementation requires careful consideration of the strategic implications to ensure that it is used ethically, effectively and fairly. By developing guidelines, creating oversight mechanisms and engaging stakeholders, the application of this section can enhance public trust and confidence in the justice system.