INTRODUCTION AND BRIEF DESCRIPTION
If a person fails to appear as required by an order or summons, samples of bodily substances shall be taken upon arrest or as soon as feasible after appearance.
SECTION WORDING
487.056(3) If a person fails to appear as required by an order made under subsection 487.051(4) or 487.055(3.11) or a summons referred to in subsection 487.055(4) or 487.091(3), samples of bodily substances shall be taken (a) when the person is arrested under a warrant issued under subsection 487.0551(1) or as soon as feasible afterwards; or (b) as soon as feasible after the person appears at the place set out in the order or summons if no warrant is issued.
EXPLANATION
Section 487.056(3) of the Criminal Code of Canada relates to the taking of samples of bodily substances from an individual who has failed to appear in court or at a designated location as required by an order issued under subsection 487.051(4) or 487.055(3.11) or a summons referred to in subsection 487.055(4) or 487.091(3). The bodily substances that are typically collected include blood, saliva, and urine, which can be tested for the presence of drugs, alcohol, or other substances that may have a bearing on the criminal case. The purpose of collecting these samples is to obtain evidence that can be used against the individual in court. Where an individual fails to appear as required by the court order or summons, the police are empowered to take the bodily samples as soon as feasible after the person is arrested under a warrant issued under subsection 487.0551(1) or as soon as feasible afterwards. If no warrant is issued, the samples must be taken as soon as feasible after the person appears at the place set out in the order or summons. Failure to comply with this section may result in charges of obstructing justice, which can carry significant penalties including imprisonment. Overall, Section 487.056(3) provides police and prosecutors with an important tool for obtaining evidence in criminal cases where an individual has failed to appear in court or comply with a court order or summons. It reinforces the importance of complying with court orders and respecting the authority of the justice system.
COMMENTARY
Section 487.056(3) of the Criminal Code of Canada is an important provision that deals with the consequences that may result from failing to comply with orders made under sections 487.051(4) or 487.055(3.11), or with a summons issued under sections 487.055(4) or 487.091(3). Specifically, this provision states that a person who fails to appear as required by such an order or summons may be subject to having samples of their bodily substances taken. This provision serves an important role in ensuring that those who are required to appear before the court in certain circumstances do so, and that those who refuse or neglect to do so do not evade the criminal justice system. The provision applies in situations where a person has been ordered to provide a sample of their bodily substances, such as their blood, saliva, or urine, as evidence in a criminal proceeding. If the person fails to appear as required by the order, or fails to comply with a summons issued to them, the provision allows for the taking of such samples regardless. This can occur either when the person is arrested under a warrant issued under section 487.0551(1), or as soon as feasible after the person appears at the place set out in the order or summons if no warrant is issued. The purpose of this provision is to ensure that those who are required to provide bodily substances as evidence do not avoid their obligations by simply failing to appear or comply with a summons. By allowing for the taking of such samples regardless of compliance, the provision ensures that the evidence required by the court is obtained, even in situations where the person who is supposed to provide that evidence fails to do so. This is particularly important in situations where the bodily substance in question may be the only or best evidence available in a criminal case. It is worth noting that the provision only applies in situations where a person has been ordered to provide a sample of their bodily substances as evidence. It does not apply in situations where the taking of such samples is not required by an order or summons. Furthermore, the provision does not override any other applicable laws or regulations related to the taking of such samples, including those related to the rights of the accused. Overall, Section 487.056(3) of the Criminal Code of Canada is an important provision that serves to ensure that those who are required to provide bodily substances as evidence in criminal proceedings do not avoid their obligations through non-compliance. While it may be seen as somewhat coercive, it is nevertheless necessary to ensure that the justice system functions effectively and efficiently, and that the evidence required by the court is obtained.
STRATEGY
Section 487.056(3) of the Criminal Code of Canada mandates that samples of bodily substances be taken from a person when they fail to appear as required by an order or summons. This provision is itself a strategic tool that can be employed by law enforcement agencies to compel cooperation from individuals who are suspected of an offense or may have incriminating evidence with respect to a criminal investigation. However, there are several strategic considerations that must be borne in mind when dealing with this provision. Firstly, the timing of taking the samples is crucial, as it can impact the admissibility of the evidence in court. The provision requires that the samples be taken either when the person is arrested under a warrant or as soon as feasible afterwards, or as soon as feasible after the person appears at the place set out in the order or summons if no warrant is issued. Thus, the timing of the arrest or appearance can be strategically manipulated such that the samples are taken at a time that is advantageous to the prosecution. For instance, if there is a risk that the person might refuse to provide the samples or tamper with the evidence, it would be prudent to arrest them under a warrant and take the samples immediately after their arrest. Secondly, the quality of the evidence obtained from the samples is a critical strategic consideration. For the samples to be admissible in court, they must be collected and stored in a manner that is consistent with established scientific protocols. This requires expertise and resources, both of which may not be readily available to law enforcement agencies. Thus, it is important to ensure that the evidence collected is of adequate quality, and this may require collaboration with forensic experts or other agencies with the necessary capabilities. Thirdly, the potential consequences of the provision for civil liberties and public perceptions must be taken into account. The collection of bodily substances is a sensitive issue, as it involves an intrusion into the personal privacy and bodily integrity of individuals. Furthermore, it can be seen as a coercive measure that undermines the presumption of innocence and due process. Therefore, law enforcement agencies must be mindful of the potential backlash that the provision might engender and take steps to ensure that it is applied in a manner that respects individual rights and freedoms. In light of these strategic considerations, several strategies could be employed when dealing with this provision. One possible strategy is to use the provision as a bargaining tool in plea negotiations with individuals who are suspected of an offense but have not yet been charged. By threatening to apply the provision, law enforcement agencies can leverage the fear of incriminating evidence to secure cooperation or a guilty plea. Another strategy is to emphasize the scientific rigor of the evidence obtained from the samples to rebut any challenges to the admissibility of the evidence in court. This can be done by collaborating with forensic experts to ensure that the evidence is collected and stored in a manner that is beyond reproach. Finally, law enforcement agencies can also engage in public education campaigns to explain the rationale and procedures behind the provision so as to assuage any concerns or objections from the public. In conclusion, Section 487.056(3) of the Criminal Code of Canada is a powerful tool that can be employed by law enforcement agencies to compel cooperation and obtain incriminating evidence. However, it also presents several strategic considerations that must be taken into account when applying the provision. By carefully considering these factors and employing appropriate strategies, law enforcement agencies can maximize the effectiveness of the provision while minimizing the potential risks to civil liberties and public perceptions.