INTRODUCTION AND BRIEF DESCRIPTION
This section allows for the authorization of the taking of bodily samples for forensic DNA analysis from certain designated individuals.
SECTION WORDING
487.055(1) A provincial court judge may, on ex parte application made in Form 5.05, authorize in Form 5.06 the taking, for the purpose of forensic DNA analysis, of any number of samples of bodily substances that is reasonably required for that purpose, by means of the investigative procedures described in subsection 487.06(1), from a person who, before June 30, 2000, (a) had been declared a dangerous offender under Part XXIV; (b) had been declared a dangerous offender or a dangerous sexual offender under Part XXI of the Criminal Code, being chapter C-34 of the Revised Statutes of Canada, 1970, as it read from time to time before January 1, 1988; (c) had been convicted of murder; (c.1) had been convicted of attempted murder or conspiracy to commit murder or to cause another person to be murdered and, on the date of the application, is serving a sentence of imprisonment for that offence; (d) had been convicted of a sexual offence within the meaning of subsection (3) and, on the date of the application, is serving a sentence of imprisonment for that offence; or (e) had been convicted of manslaughter and, on the date of the application, is serving a sentence of imprisonment for that offence.
EXPLANATION
Section 487.055(1) of the Criminal Code of Canada outlines the circumstances under which a provincial court judge may authorize the taking of bodily substances for the purpose of forensic DNA analysis. This section specifies that such authorization may be granted on ex parte application made in Form 5.05, which then authorizes the taking of any number of samples of bodily substances that are reasonably required for that purpose, using investigative procedures as described in subsection 487.06(1). The section further outlines the specific circumstances under which such authorization may be granted. These include instances where the individual in question has been declared a dangerous offender under Part XXIV before June 30, 2000, or has been declared a dangerous offender or a dangerous sexual offender under Part XXI of the Criminal Code before January 1, 1988. Authorization may also be granted in cases where the individual has been convicted of murder, manslaughter, attempted murder or conspiracy to commit murder or cause another person to be murdered, or has been convicted of a sexual offence as defined in subsection (3) and is serving a sentence of imprisonment for that offence. Overall, section 487.055(1) provides an important tool for law enforcement authorities to collect DNA evidence from individuals who have been convicted of serious offences or who are deemed to be high-risk individuals. The authorization process is carefully regulated to ensure that it is only used in appropriate circumstances and that the rights of individuals are protected. By collecting and analyzing DNA evidence, law enforcement agencies can identify perpetrators, link crimes, and support the prosecution of offenders.
COMMENTARY
Section 487.055(1) of the Criminal Code of Canada enables provincial court judges to grant ex parte applications for the taking of bodily substances from individuals who meet specific criteria for forensic DNA analysis. This section is designed to aid law enforcement agencies in their efforts to solve crimes, particularly those committed by individuals who have a history of dangerous and violent behaviour. The criteria specified in subsection 487.055(1) include individuals who were declared dangerous offenders under Part XXIV, dangerous sexual offenders under Part XXI of the former Criminal Code, individuals convicted of murder, attempted murder or conspiracy to commit murder, those convicted of a sexual offence under subsection (3), or convicted of manslaughter and serving a sentence of imprisonment for that offence. This means that individuals who have been convicted of serious offences, particularly those involving violence, may be subject to a court-ordered collection of DNA. The investigative procedures described in 487.06(1) enable law enforcement agencies to take samples of bodily substances from an individual in a minimally invasive manner, such as the use of a buccal swab. The samples are then subjected to forensic DNA analysis to identify any links between the individual and evidence collected at a crime scene. The use of DNA evidence has become an increasingly important tool in criminal investigations, as it can identify suspects or confirm the presence of an individual at the scene of a crime. While subsection 487.055(1) provides a useful investigative tool for law enforcement agencies, it is important to note that the collection of DNA samples from individuals is an intrusion on their bodily autonomy and privacy. The ex parte application process requires only one-sided arguments to be presented to the court, meaning that the individual who is the subject of the order may not have the opportunity to contest the order beforehand. However, the legislation does require that the samples must be destroyed once the analysis is complete and that they cannot be used for any purpose other than the specific investigation for which they were collected. Additionally, it is important that this legislative provision is used judiciously and in a manner that respects the rights of the individual, as DNA evidence alone cannot and should not be used as conclusive evidence of guilt or innocence. It is always necessary to consider the context of the order and weigh the interests of the state against the fundamental rights and freedoms of the individual. In conclusion, subsection 487.055(1) enables provincial court judges to authorize the collection of bodily substances for forensic DNA analysis from individuals who fit into specific categories of criminal history. The legislation provides an important tool for law enforcement agencies in the investigation of serious crimes. However, it is essential that the authority is used with care and that the rights and freedoms of individuals are respected. Moreover, the potential use of DNA evidence in court must always be considered within the broader context of the case and the available evidence.
STRATEGY
Section 487.055(1) of the Criminal Code of Canada provides for the collection of bodily substances for the purpose of forensic DNA analysis in limited circumstances. The section applies only to individuals who have been declared dangerous offenders under Part XXIV, convicted of serious offences such as murder, manslaughter, sexual offences, or attempted murder, and are currently serving prison sentences. When dealing with this section of the Criminal Code, there are several strategic considerations that stakeholders need to take into account. The first strategic consideration is the potential for legal challenges by the subject of the application. This section allows for ex parte applications, meaning that a judge can authorize the taking of bodily substances without notice to the individual concerned. As such, the subject of the application may argue that their Charter rights have been violated. Therefore, it is essential to ensure that the application follows the prescribed form and that all relevant legal requirements are met to minimize the possibility of successful legal challenges. Another strategic consideration is the use of DNA evidence obtained under this section in criminal proceedings. Although the section provides for the collection of bodily substances, the evidence obtained must be admitted in court in accordance with the rules of evidence. Therefore, legal advisers must ensure that evidence obtained under this section is properly collected, preserved, and analyzed to maximize the chances of successful admission in court. Furthermore, it is essential to consider the potential impact of this section on the individual concerned. The collection of bodily substances for forensic DNA analysis is an intrusive search, and obtaining an authorization under this section may have serious consequences for the privacy and dignity of the individual concerned. As such, legal advisers representing law enforcement or other public bodies must take into account the potential implications of this section and ensure that all privacy and human rights considerations are properly addressed. One strategy that could be employed when dealing with this section of the Criminal Code is to conduct a risk assessment to determine the likelihood of obtaining a successful authorization and the potential impact of the collection of bodily substances on the individual concerned. The assessment should take into account all relevant legal, ethical, and practical considerations and provide guidance on the appropriate course of action. Another strategy is to ensure that all legal requirements are met when making an ex parte application. This includes filling out the prescribed form, providing relevant documentation, and following all procedural requirements. In conclusion, section 487.055(1) of the Criminal Code of Canada provides for the collection of bodily substances for forensic DNA analysis in limited circumstances. When dealing with this section, stakeholders must consider the potential for legal challenges, the use of DNA evidence in criminal proceedings, and the impact on the individual concerned. Strategies such as risk assessment and ensuring compliance with legal requirements can help ensure successful outcomes while minimizing adverse effects.