section 487.091(3)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the process for obtaining samples of bodily substances from a person who is not in custody through the use of a summons.

SECTION WORDING

487.091(3) If the court authorizes the taking of samples of bodily substances from a person who is not in custody, a summons in Form 5.061 setting out the information referred to in paragraphs 487.07(1)(b) to (d) shall be directed to the person requiring them to report at the place, day and time set out in the summons and submit to the taking of the samples. Subsections 487.055(5) and (6) apply, with any modifications that the circumstances require.

EXPLANATION

Section 487.091(3) of the Criminal Code of Canada pertains to the authorization of the taking of bodily samples from an individual who is not in custody. The section requires the court to issue a summons in Form 5.061 to the person in question, which outlines the information required for the taking of bodily samples, including the location, day, and time for the procedure. It is mandatory for this information to be included in the summons and that the person being summoned to submit to the taking of the bodily samples. The requirements outlined in this section are necessary because the taking of bodily samples is a serious invasion of an individual's privacy. Such samples may include DNA, blood, or urine samples, and the court may need to authorize this procedure in specific circumstances, including cases where there is a reasonable belief that an individual may have committed a crime. Subsections 487.055(5) and (6) of the Criminal Code of Canada also apply to this section, with any necessary modifications dependent upon the circumstances of each case. These provisions relate to the taking of DNA samples and their use in criminal investigations. Overall, section 487.091(3) of the Criminal Code of Canada is a crucial aspect of the legal process, as it outlines the requirements necessary for the authorization and taking of bodily samples in criminal investigations. By ensuring that the proper procedural steps are followed, this section helps to protect the privacy and rights of individuals while also facilitating effective investigations.

COMMENTARY

Section 487.091(3) of the Criminal Code of Canada deals with the taking of samples of bodily substances from a person who is not in custody. The section outlines the legal requirements and procedures that must be followed when such samples are to be taken, including the issuance of a summons in Form 5.061 setting out the relevant information. The taking of bodily samples is a common practice in criminal investigations, particularly in cases involving serious crimes such as murder, sexual assault, and other violent offenses. The samples can be used to identify suspects or link them to a crime scene, as well as provide valuable forensic evidence that can be used to build a case against the accused. However, the taking of bodily samples can also raise significant legal and ethical issues, particularly when it comes to the rights and privacy of the individuals from whom the samples are taken. This is why the Criminal Code of Canada provides specific rules and guidelines that must be followed in such cases. One important aspect of section 487.091(3) is that it requires a summons in Form 5.061 to be issued to the person from whom the sample is to be taken. This summons must include all the relevant information, such as the place, day, and time at which the sample is to be taken, as well as the specific bodily substance that is to be sampled. This requirement is important because it ensures that the person from whom the sample is to be taken is fully informed of the nature of the procedure and has adequate time to prepare for it. It also ensures that the individual has a clear understanding of their rights and obligations in relation to the sample-taking procedure. In addition, section 487.091(3) stipulates that subsections 487.055(5) and (6) apply to the taking of samples from individuals who are not in custody. These subsections deal with the collection and handling of bodily samples, including the procedures for obtaining and analyzing the samples, as well as the methods for ensuring their accuracy and reliability. These provisions are important to ensure that the samples are collected and handled in a scientifically reliable manner. This is necessary to ensure that any evidence obtained from the samples can be used effectively in a criminal trial, and to minimize the risk of wrongful conviction based on faulty or unreliable evidence. Overall, section 487.091(3) of the Criminal Code of Canada provides important legal guidance and requirements for the taking of bodily samples from individuals who are not in custody. It sets out clear procedures and obligations for law enforcement and ensures that the rights and privacy of individuals are protected during this process.

STRATEGY

Section 487.091(3) of the Criminal Code of Canada is an important and complex section that provides for the taking of samples of bodily substances from persons who are not in custody. Some strategic considerations that need to be taken into account when dealing with this section of the Criminal Code of Canada include the following: 1. Legal requirements: One of the most important considerations in dealing with this section of the Criminal Code of Canada is to comply with all the legal requirements set out in the section. Failure to do so may result in the evidence being excluded and the prosecution being unable to prove its case. 2. Reasonable grounds: Before a court can authorize the taking of samples of bodily substances from a person who is not in custody, there must be reasonable grounds to believe that the person has committed an offense. It is important to gather all the necessary evidence to establish these reasonable grounds before seeking authorization from the court. 3. Privacy concerns: The taking of samples of bodily substances is a highly intrusive process that can raise privacy concerns. It is important to ensure that the person's privacy is respected throughout the process by following all the required procedures and taking all necessary precautions. 4. Timing: Timing is also an important strategic consideration when dealing with this section of the Criminal Code of Canada. It is important to act quickly to obtain authorization from the court and take the samples before they are destroyed or become unusable. 5. Expertise: Taking samples of bodily substances requires specialized expertise and equipment. It is important to ensure that the person who is authorized to take the samples has the necessary training and expertise to do so safely and effectively. Strategies that could be employed when dealing with this section of the Criminal Code of Canada include: 1. Collaboration with experts: Collaborating with experts such as forensic scientists, medical professionals, and lawyers can be helpful in ensuring that all the legal requirements are met and that the samples are taken in a safe and effective manner. 2. Preparation: Preparing the necessary documentation and gathering all the required evidence in advance can help to streamline the process and ensure that authorization is obtained quickly. This may include gathering witness statements, medical reports, and other documentation. 3. Communication: Clear and effective communication with all parties involved, including the court, the person from whom the samples are being taken, and any relevant authorities, can help to ensure that everyone understands their roles and responsibilities and that the process runs smoothly. 4. Adherence to protocols: Following all the required protocols for taking samples of bodily substances can help to ensure that the evidence is admissible in court and that the person's privacy is protected. These protocols may include using sterile equipment, maintaining a chain of custody, and obtaining informed consent from the person from whom the samples are being taken. 5. Review: Reviewing the process after the samples have been taken can help to identify areas for improvement and ensure that the process is continuously refined and optimized over time. This may include debriefing with all parties involved, reviewing any relevant policies or procedures, and seeking feedback from experts and other stakeholders. In conclusion, Section 487.091(3) of the Criminal Code of Canada is a complex section that provides for the taking of samples of bodily substances. To ensure that the process is carried out effectively and lawfully, it is important to take into account the legal requirements, privacy concerns, timing, expertise, and other strategic considerations. Employing strategies such as collaboration with experts, preparation, communication, adherence to protocols, and review can help to optimize the process and ensure that the evidence is admissible in court.