INTRODUCTION AND BRIEF DESCRIPTION
This section outlines when the obligation to provide DNA samples begins under certain circumstances.
SECTION WORDING
490.022(1) The obligation under section 490.019 begins (a) either one year after the day on which the person is served with the notice or when an exemption order is refused under subsection 490.023(2), whichever is later; or (b) when an exemption order is quashed.
EXPLANATION
Section 490.022(1) of the Criminal Code of Canada deals with the timing of the obligation to provide a sample of bodily substances for DNA analysis in certain criminal cases. This obligation is triggered by section 490.019, which requires certain individuals who have been convicted of designated offences to provide a sample of their bodily substances for the purpose of DNA analysis. Subsection (a) of Section 490.022(1) outlines the standard timeline for when the obligation begins. Specifically, the obligation starts either one year after the person has been served with the notice requiring them to provide the sample, or if the person has challenged the notice and an exemption order is refused under section 490.023(2), whichever happens later. This means that if a person contests the obligation to provide a sample using the exemption order, the obligation will begin at the time when the exemption order is refused. Subsection (b) of Section 490.022(1) provides an alternative scenario where the obligation to provide a sample begins when an exemption order is quashed. This means that if a person successfully challenges the obligation to provide a sample using an exemption order and the exemption order is challenged by the authorities, the obligation would start to apply at the time when the exemption order is quashed. Overall, Section 490.022(1) provides clear guidance on when the obligation to provide a DNA sample begins for individuals who have been convicted of designated offences as required by Section 490.019. This section ensures that the process is fair, transparent, and applies to all individuals equally, regardless of their circumstances.
COMMENTARY
Section 490.022(1) of the Criminal Code of Canada deals with an important element of the Canadian criminal justice system, specifically the obligation of an offender to provide a DNA sample for the national DNA databank. The section sets out the timeline for such an obligation, which is triggered by various events, such as the service of a notice or the refusal of an exemption order. The national DNA databank is a valuable tool for law enforcement agencies across Canada, providing forensic evidence that can link suspects to crimes. The databank contains DNA profiles of offenders who have been convicted of specific crimes, as well as DNA samples from crime scenes. The Criminal Code requires offenders to provide a DNA sample for inclusion in the databank if they are convicted of a qualifying offence. Section 490.019 of the Criminal Code outlines the obligation of an offender to provide a DNA sample, and section 490.022(1) specifies when this obligation begins. The section provides two trigger points for the obligation to provide a DNA sample. The first is one year after the day on which the person is served with the notice requiring the DNA sample or when an exemption order is refused under subsection 490.023(2), whichever is later. The second trigger point is when an exemption order is quashed. The one-year timeframe in section 490.022(1)(a) provides a reasonable period for an offender to comply with the obligation to provide a DNA sample. This period allows the offender to gather information, seek legal advice, or challenge the requirement to provide a DNA sample, if necessary. It also ensures that the offender has had ample time to consider their obligation and that they understand the implications of providing a DNA sample. The second trigger point in section 490.022(1)(b), when an exemption order is quashed, is significant for offenders who have been granted an exemption from the obligation to provide a DNA sample. An exemption order can be granted by a judge if it is determined that the offender's DNA sample is not necessary for the administration of justice. However, if the exemption order is quashed, the offender is once again subject to the obligation to provide a DNA sample, and the timelines in section 490.022(1)(a) apply. Section 490.022(1) of the Criminal Code demonstrates the importance of the national DNA databank in the Canadian criminal justice system. It also provides clarity for offenders and law enforcement agencies on the timelines and trigger points for an offender's obligation to provide a DNA sample. Overall, this section helps to ensure that the databank remains a valuable tool for law enforcement agencies across Canada in solving crimes and bringing offenders to justice.
STRATEGY
Section 490.022(1) of the Criminal Code of Canada outlines the timeline for when an individual must comply with the obligation under section 490.019. This obligation refers to the requirement to submit a DNA sample for inclusion in the National DNA Data Bank, which is used to assist law enforcement in solving crimes. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that arise. The first is timing. It is important to carefully track when the obligation under section 490.019 begins, as failing to comply with this obligation can result in criminal charges and penalties. Another consideration is the potential for exemption orders. Under subsection 490.023(2) of the Criminal Code of Canada, an individual may apply for an exemption order to avoid having to submit their DNA sample to the National DNA Data Bank. As part of a strategic approach, individuals should carefully consider whether they meet the criteria for an exemption order and whether pursuing this option is in their best interests. If an exemption order is refused, individuals may want to consider appealing this decision. This could involve seeking legal advice and representation, and presenting evidence to support the request for an exemption. If an exemption order is quashed, individuals will need to comply with the obligation under section 490.019 within one year. In such cases, it is important to carefully track the timeline to ensure compliance and avoid penalties. In addition to these considerations, there may be other strategic approaches that individuals can employ when dealing with this section of the Criminal Code of Canada. For example, legal counsel may be able to help individuals negotiate with law enforcement or seek to reduce potential penalties. Overall, when dealing with section 490.022(1) of the Criminal Code of Canada, it is important to carefully consider all options and weigh the potential risks and benefits of each approach. With a strategic approach, individuals can navigate this obligation and protect their interests to the greatest extent possible.