section 487.057(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section requires a written report to be filed after a peace officer or someone under their direction takes bodily substance samples from a person.

SECTION WORDING

487.057(1) A peace officer who takes samples of bodily substances from a person or who causes a person who is not a peace officer to take samples under their direction shall, as soon as feasible after the samples are taken, make a written report in Form 5.07 and cause the report to be filed with (a) the provincial court judge who issued the warrant under section 487.05 or granted the authorization under section 487.055 or 487.091 or another judge of that provincial court; or (b) the court that made the order under section 487.051.

EXPLANATION

Section 487.057(1) of the Criminal Code of Canada outlines the requirement for peace officers to report on the samples of bodily substances they take from a person or coordinate the taking of under their direction. This section underlines the importance of ensuring that the collection and analysis of such samples are carried out with appropriate oversight to protect both the rights and privacy of the individuals involved, as well as to ensure the reliability and admissibility of the evidence in court. The report required under this section needs to be made in the prescribed Form 5.07 and must be filed with either the provincial court judge who issued the warrant or authorization for the samples or another judge of that provincial court, or with the court that made the order under section 487.051. This provision, therefore, requires police officers to provide accountability for the samples they collect so that the courts may verify both the legality of the collection and the accuracy of any subsequent test results. This section emphasizes the importance of ensuring that any sample-taking is carried out with the utmost respect for the dignity and privacy of the individual, as it gives peace officers considerable powers to collect bodily substances. By requiring that officers report immediately after the collection of the samples, this provision helps contain the potential for abuse of these powers. It acts as a safeguard against the misuse of the evidence gathered through such samples, as the report allows judges to verify that the collection took place with proper procedures and under appropriate legal authority. In sum, the provision promotes transparency, accountability, and oversight in maintaining public trust in policing and the justice system.

COMMENTARY

Section 487.057(1) of the Criminal Code of Canada outlines the requirements for officers who take samples of bodily substances from individuals, or who direct others to do so. This provision is important as it lays out the steps that must be taken to ensure that such evidence is collected and documented correctly, protecting both the individual whose bodily substance is being collected and the officer collecting it. The provision requires that officers make a written report in Form 5.07 as soon as feasible after the samples are taken, and further mandates that this report must be filed with either the provincial court judge who issued the warrant or granted the authorization, or with the court that made the order under section 487.051. This reporting requirement is critical in ensuring that there is a clear record of the evidence collected in any given case. The written report not only provides a detailed account of the samples collected, but also documents any relevant details about the individual from whom the samples were taken, the officer who took them, and any relevant conditions or circumstances pertaining to the collection. This documentation is important not just for the purposes of transparency and accountability, but also to protect the evidentiary value of the samples collected. Documentation of the evidence chain of custody can be critical in ensuring the admissibility of evidence in court, and providing a clear record of the evidence collection process helps to guard against challenges to the integrity of the collection process or the evidence itself. It is also worth noting that the provision requires that this report be filed with a judge, either the one who issued the warrant or another judge of the provincial court. This serves to ensure that there is judicial oversight of the evidence collection process, and further enhances the transparency and accountability of the process. Overall, section 487.057(1) of the Criminal Code of Canada is a critical provision for safeguarding the integrity of evidence collection in criminal investigations. By mandating that officers take detailed and timely reports of samples collected and filing those reports with a judge, the provision helps to ensure transparency, accountability, and the admissibility of evidence in court.

STRATEGY

Section 487.057(1) of the Criminal Code of Canada outlines the requirements for peace officers who take samples of bodily substances from a person or cause someone else to do so under their direction. These individuals are required to make a written report in Form 5.07 and file it with the appropriate court or judge. When dealing with this section of the Criminal Code, there are several strategic considerations that peace officers may need to take into account. These include the following: 1. Following Proper Procedures: It is important for peace officers to ensure that they follow proper procedures when taking samples of bodily substances. This includes obtaining the necessary warrants or authorizations and ensuring that the samples are taken in a manner that is consistent with the law. 2. Documenting the Process: Peace officers must also ensure that they document the process of taking the samples in a thorough and accurate manner. This includes filling out Form 5.07 and ensuring that all required information is included. 3. Ensuring Chain of Custody: Peace officers must follow proper procedures for the handling and storage of bodily substance samples to ensure that the chain of custody is maintained. This means ensuring that the samples are properly labeled, stored, and transported. 4. Protecting Privacy: It is important for peace officers to take steps to protect the privacy of individuals when taking samples of bodily substances. This includes taking samples in a private setting and ensuring that the samples are only accessed and used by authorized individuals. 5. Adhering to Legal Requirements: Peace officers must also ensure that they adhere to all relevant legal requirements when taking samples of bodily substances. This includes complying with any restrictions placed on the use of the samples and ensuring that they are only used for lawful purposes. Some strategies that could be employed when dealing with this section of the Criminal Code include: 1. Conducting Training Sessions: Conducting training sessions for peace officers on the proper procedures for taking samples of bodily substances and filling out Form 5.07 can help ensure that all individuals involved in the process are aware of their responsibilities and how to carry them out properly. 2. Implementing Quality Control Measures: Implementing quality control measures, such as regular audits and reviews of Form 5.07 reports, can help ensure that the process of taking samples of bodily substances is being carried out properly and that all required information is being documented. 3. Establishing Clear Communication Channels: Establishing clear communication channels between peace officers, courts, and judges can help ensure that Form 5.07 reports are filed in a timely and efficient manner. This can help prevent delays and ensure that the legal process is being followed properly. 4. Providing Legal Support: Providing peace officers with access to legal support and guidance when dealing with this section of the Criminal Code can help ensure that they are aware of their legal responsibilities and how to carry them out properly. Overall, there are several strategic considerations that peace officers may need to take into account when dealing with Section 487.057(1) of the Criminal Code of Canada. By following proper procedures, documenting the process accurately, protecting privacy, adhering to legal requirements, and employing effective strategies, peace officers can help ensure that bodily substance samples are taken in a lawful and responsible manner.