INTRODUCTION AND BRIEF DESCRIPTION
This section requires the report to include the time and date of sample collection and a description of the bodily substances taken.
SECTION WORDING
487.057(2) The report shall include (a) a statement of the time and date the samples were taken; and (b) a description of the bodily substances that were taken.
EXPLANATION
Section 487.057(2) of the Criminal Code of Canada is a part of the legal framework that governs the taking of bodily samples from suspects in criminal investigations. This section stipulates that when a bodily sample is taken as part of an investigation, a report must be generated by the person who took the sample. The report must contain specific information, including the time and date that the samples were taken as well as a description of the bodily substances that were taken. These stipulations are critical for maintaining the chain of custody of the evidence, establishing a legal trail to corroborate the use of said samples in a court of law. This section of the criminal code is particularly significant because bodily samples are often used as evidence in criminal investigations, and can play a crucial role in building a case against a suspect. As such, ensuring that there is a strict and comprehensive reporting process in place for such samples is essential for maintaining transparency and upholding the integrity of the legal system. In addition, because bodily samples are taken from people--often without their consent--ensuring that there is a detailed record of when and how these samples were collected can help protect against wrongful arrest or detention. Overall, section 487.057(2) of the Criminal Code of Canada is an important part of Canadian law, designed to safeguard justice and due process in criminal investigations.
COMMENTARY
Section 487.057(2) of the Criminal Code of Canada enshrines the procedural measures that law enforcement must follow when collecting samples of bodily substances from an accused person. The section requires that such a report must include information on the time and date the samples were taken, as well as the description of the bodily substances that were obtained. The reasons for this section are quite straightforward. Bodily substances can be important evidence in a criminal case, as they may contain DNA or other genetic markers that can be used to identify a suspect or to link them to a crime. Accordingly, it is important for law enforcement officials to collect such samples in a manner that is as accurate and reliable as possible. This section ensures that the collection of such evidence is conducted in a standardized and consistent way across the country. The first element of the report, the statement of time and date of collection, is essential to ensuring the accuracy and reliability of the evidence. This information can be used to determine, for example, whether a sample was taken from an accused person prior to or after the commission of a crime, or whether there are any discrepancies in the timing of the collection that might suggest the sample was tampered with or contaminated in some way. The second element, the description of the bodily substances taken, is also critical to the integrity of the evidence. This may include information about the type of sample collected (e.g. blood, saliva, skin cells), the location on the body from which it was taken, and any other relevant physical characteristics that could impact the analysis of the substance. By detailing this information in the report, it ensures that there is a clear record of the exact nature of the evidence being collected. It is important to note that the section only requires information on the "bodily substances" that were taken, and not the results of any subsequent testing or analysis of those substances. This is an intentional omission, as test results are subject to scientific and technical considerations that may vary from case to case. Including such information in the report could potentially create confusion or ambiguity around the evidence, particularly in cases where further testing reveals additional information that was not present at the time of collection. Overall, this section of the Criminal Code of Canada is an important step towards ensuring that bodily substances are collected in a consistent and reliable manner across the criminal justice system. By requiring detailed documentation of the time, date, and nature of the evidence being collected, law enforcement officials can help to ensure that such evidence is as accurate and reliable as possible, and can be used effectively in criminal proceedings.
STRATEGY
Section 487.057(2) of the Criminal Code of Canada outlines the requirements for the report that must be created after a bodily substance sample is taken from an individual. This section is significant in criminal investigations as it provides crucial evidence that can be used to support or refute allegations of criminal activity. As such, it is important for legal professionals to consider some strategic considerations when dealing with this section of the Criminal Code of Canada. One of the primary strategic considerations in dealing with this section is ensuring that the report is comprehensive and accurate. This requires a careful and thorough examination of the bodily substances that were taken, as well as a meticulous record of the time and date that they were obtained. This is essential to ensure that the evidence can be put forward effectively in court and withstand scrutiny from the opposing counsel. Inaccuracies or missing information in the report could potentially lead to the evidence being challenged or even dismissed. Another strategic consideration is the importance of obtaining the sample legally. In order for evidence obtained from bodily substances to be admissible in court, it must be obtained in a manner that is consistent with the Charter of Rights and Freedoms. This requires a careful evaluation of the circumstances under which the sample was taken, as well as the justification for obtaining it. If the sample is obtained illegally or without proper justification, the evidence may be excluded from the case. One strategy that can be employed when dealing with this section is to carefully review the legal precedents that have been established with regards to the admissibility of bodily substance samples in court. This involves studying previous cases and determining the circumstances under which the evidence was deemed admissible or inadmissible. This can provide valuable insight into how to proceed with a case that involves evidence obtained from bodily substances. Another strategy is to consult with expert witnesses who can provide insight into the scientific and technical aspects of the evidence. This includes forensic scientists or medical professionals who can provide knowledge about the collection, analysis, and interpretation of bodily substance samples. Expert witnesses can be helpful in providing context and clarity to the evidence, as well as identifying any potential weaknesses or vulnerabilities. Overall, there are several strategic considerations when dealing with section 487.057(2) of the Criminal Code of Canada. By carefully evaluating the circumstances under which samples were obtained, ensuring the accuracy and comprehensiveness of the report, and consulting with expert witnesses, legal professionals can increase the likelihood of successfully using bodily substance evidence in criminal cases.