section 487.051(4)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows a court to order a person to report to a specific place, day, and time to submit to the taking of bodily substance samples.

SECTION WORDING

487.051(4) When the court makes an order authorizing the taking of samples of bodily substances, it may make an order in Form 5.041 to require the person to report at the place, day and time set out in the order and submit to the taking of the samples.

EXPLANATION

Section 487.051(4) of the Criminal Code of Canada pertains to the authorization of the taking of samples of bodily substances. The section stipulates that when a court makes an order authorizing the taking of such samples, it can also make an order in Form 5.041. This order requires a person to report to a specific place, day and time and submit to the sampling of bodily substances. This section is important for many reasons. It is often necessary to collect bodily substances, such as blood, saliva, or hair, in order to gather evidence or conduct forensic analysis in criminal investigations. However, this process requires explicit legal authorization to ensure that it is conducted in a fair, just and legally defensible manner. The section provides clear guidelines that ensure that individuals are informed of the legal proceedings. Upon receiving an authorization for the taking of samples of bodily substances, the court issues the Form 5.041 which specifies the place, day and time that the individual must report to and submit to the sampling. This is a crucial aspect of the process as it ensures that the individual is aware of the nature and requirements of the sampling, and that they have the opportunity to resist or contest the order should they so choose. Furthermore, the authorization and ordering process serves to protect the rights of the individual. It provides a measure of control over the way in which the samples are collected, and ensures that it is done ethically and without causing harm to the individual. By making the orders in Form 5.041, the court provides transparency and accountability, while ensuring that the samples are collected in a manner consistent with the Canadian Charter of Rights and Freedoms. Overall, section 487.051(4) plays a crucial role in the criminal justice system, ensuring that the collection of bodily samples for forensic analysis is conducted transparently, ethically, and in accordance with the law.

COMMENTARY

Section 487.051(4) of the Canadian Criminal Code is an important provision governing the gathering of bodily substance samples to aid criminal investigations. The provision emphasizes the important role played by forensic evidence gathering in investigating and prosecuting crimes. The provision grants the court the authority to make an order authorizing the taking of bodily substance samples and imposes a legal obligation on the person to submit themselves to the process. The law sets out strict rules regarding the collection and analysis of these samples. These rules are designed to avoid contamination of the specimens and to ensure accurate and reliable results. Section 487.051(4) seeks to create a balance between the interests of law enforcement and the protection of an individual's rights and freedoms. The provision is intended to provide a mechanism for the collection of evidence in a manner that respects the dignity and integrity of the individual. The provision makes it possible for the law enforcement agencies or the court to obtain samples of bodily substances such as blood, saliva, hair, urine, etc. from a person who is suspected of committing a crime. This collection is achieved through an order made in Form 5.041, which requires the individual to report to a designated place, date, and time for the taking of the samples. Compliance with the order is mandatory. Failure to comply with the order is a criminal offense and can lead to legal consequences against the individual. The provision recognizes that the taking of these samples, especially in cases where it is against the will of the individual, can be invasive and emotionally distressing. Hence, the provision ensures that the dignity, privacy, and bodily integrity of the person are protected. The provision also outlines the conditions under which the court may authorize the taking of the samples. For instance, the court will consider whether the evidence obtained through the samples is essential to the investigation, and whether the sample-taking procedure is necessary and reasonable. The court must, therefore, balance the interests of law enforcement with the privacy rights of the individual. It is worth noting that the provision is not a blanket authorization for the taking of bodily substance samples. It is only allowed in specific situations, especially in cases where the evidence obtained through the samples is necessary for the investigation of a crime. The provision does not allow for arbitrary or indiscriminate sample-taking. The law enforcement must provide justifiable reasons and conform to the provisions of the Criminal Code of Canada for the court to authorize the bodily sample taken. In conclusion, the Criminal Code of Canada is an essential piece of legislation that outlines the legal framework for criminal investigations in Canada. Section 487.051(4) is one critical provision that provides a mechanism for the taking of bodily substance samples to aid criminal investigations. The provision is intended to strike a balance between the interests of law enforcement and the protection of the rights and freedoms of individuals. As such, the provision ensures that the collection of evidence is done within a framework that is transparent, justifiable, and respects the dignity and integrity of the person.

STRATEGY

Section 487.051(4) of the Criminal Code of Canada provides police with the power to obtain bodily substances, such as DNA samples, from a suspect. This power allows law enforcement to collect evidence that may be crucial in solving or preventing certain crimes. However, with great power comes great responsibility. There are several strategic considerations that law enforcement and defense lawyers must take into account when dealing with this provision. One of the critical strategic considerations is the importance of complying with the requirements of the Criminal Code. The provisions of the Code set out a clear process that must be followed when obtaining samples of bodily substances. Failure to comply with these provisions can lead to the exclusion of evidence, which can weaken the case against the accused or even result in an acquittal. Therefore, it is essential to ensure that the procedural requirements under the Criminal Code are strictly adhered to. Another crucial strategic consideration is the impact the order for obtaining bodily substances can have on the relationship between the police and the community. Obtaining samples of bodily substances is not a popular practice, and it is seen by some members of the public as an invasion of privacy. Therefore, it is important to ensure that the practice is used only when necessary and in a manner that is respectful of individual rights. A good strategy that law enforcement can employ when obtaining samples of bodily substances is to ensure that they have sufficient evidence before proceeding with the order. In many cases, the police may have a suspect in mind, but they may not have enough evidence to charge them. The order for bodily substances can then be used to gather additional evidence. However, if the evidence gathered does not support the suspect's involvement in the crime, the order should not be pursued as it can be perceived as an abuse of power. Another strategy that can be employed is the use of alternative methods of evidence collection. The use of forensic evidence, such as fingerprints or hair samples, can be employed instead of obtaining samples of bodily substances. This method may be less invasive and seen as less objectionable by some members of the public. In conclusion, obtaining samples of bodily substances is a crucial power provided to the police through the Criminal Code. However, it is essential to ensure that the provisions of the Code are followed, the impact on community relations is considered and other alternative methods are taken into account. Employing these strategies can improve the effectiveness of the police in their investigations while maintaining the trust of the community they serve.