INTRODUCTION AND BRIEF DESCRIPTION
A persons obligation to inform the police of a change in their address ends after one year from the day they first advise the police or upon being served under section 490.02902.
SECTION WORDING
490.02911(4) A person’s obligation under subsection (2) ends when they are served under section 490.02902 or, if it is earlier, one year after the day on which they advise the police service under subsection (1).
EXPLANATION
Section 490.02911(4) of the Criminal Code of Canada addresses a person's obligation to provide a DNA sample to law enforcement authorities in certain circumstances. Under subsection (1) of this provision, a police officer may require a person to provide a DNA sample if they are arrested or detained in relation to a designated offence or if they have been convicted of a designated offence. The designated offences listed in the Criminal Code of Canada include serious offenses like murder, sexual assault, and robbery. Subsection (2) of section 490.02911 sets out the process for obtaining a DNA sample from a person. The police officer must explain to the person what is required of them and ensure that they understand the process. The person must then provide the sample, which is typically taken by swabbing the inside of their cheek. The DNA sample is analyzed and stored in the National DNA Data Bank, which is used by law enforcement agencies to help solve crimes. Section 490.02911(4) places a time limit on a person's obligation to provide a DNA sample. Specifically, the obligation ends either when the person is served with a notice under section 490.02902 (which sets out the notice requirements for retaining DNA samples) or one year after they advise the police service under subsection (1) that they intend to challenge the requirement to provide a DNA sample. This time limit is important because it ensures that individuals are not subject to an indefinite obligation to provide DNA samples. The provision recognizes that individuals have a right to challenge the requirement to provide a DNA sample, and sets out a clear and predictable timeline for when that obligation ends. Overall, section 490.02911 is an important tool for law enforcement agencies seeking to use DNA evidence to solve crimes, while also respecting the rights of individuals who may be subject to this requirement.
COMMENTARY
Section 490.02911(4) of the Criminal Code of Canada outlines the obligations of an individual who has provided their DNA sample to law enforcement for the purposes of a criminal investigation. Specifically, it establishes that an individual's obligation to provide their DNA sample ends when they are served under section 490.02902 or, if it is earlier, one year after the day on which they advise the police service under subsection (1). This provision represents an important safeguard for the privacy and autonomy of individuals in Canada. By limiting the amount of time for which an individual's DNA sample can be retained by law enforcement, the Criminal Code aims to balance the interests of public safety with the rights of individuals to be free from unwarranted intrusions into their bodily integrity. At the same time, it is important to note that this provision is not without its limitations and challenges. For example, it may be difficult for law enforcement to determine when an individual has advised them under subsection (1) of this provision. Moreover, there may be situations in which an individual's DNA sample is the only means of identifying a suspect in a particularly serious or heinous crime. In such cases, the one-year time limit prescribed by subsection (4) may be inadequate to serve the interests of justice and public safety. Despite these challenges, however, the fact remains that section 490.02911(4) plays an important role in protecting the privacy and autonomy of individuals in Canada. By limiting the amount of time for which DNA samples can be retained by law enforcement, the Criminal Code serves to ensure that the rights of individuals are respected, even in the face of serious criminal investigations. Of course, it is important to ensure that the provisions of the Criminal Code are applied fairly and evenly across all segments of Canadian society. Too often, individuals from marginalized communities, including racialized individuals, Indigenous people, and members of the LGBTQ2S+ community have been subject to over-policing and discriminatory law enforcement practices. It is incumbent upon all Canadians to work towards a more just and equitable criminal justice system, one that respects the rights and dignity of all individuals, regardless of their background. In conclusion, section 490.02911(4) of the Criminal Code of Canada represents an important safeguard for the privacy and autonomy of individuals in this country. By limiting the amount of time for which DNA samples can be retained by law enforcement, this provision ensures that the rights of individuals are respected, even in the face of serious criminal investigations. While there are undoubtedly challenges associated with the application of this provision in practice, it remains a critical element of Canada's criminal justice system.
STRATEGY
Section 490.02911(4) of the Criminal Code of Canada places an obligation on individuals who possess or acquire firearms illegally, or who are prohibited from possessing firearms. This obligation entails reporting the possession or acquisition of a firearm to the police. Failure to do so may result in criminal charges. Strategic considerations when dealing with this section of the Criminal Code of Canada are varied, and depend on the individual circumstances of each case. In general, however, the following are some strategic considerations when dealing with this section: 1. Compliance: The simplest and most effective strategy for dealing with s. 490.02911(4) is to comply with the obligation to report illegal possession or acquisition of firearms to the police. Individuals who do so within one year after the day on which they acquired or possessed the firearm will not be charged under s. 490.02911(2). Thus, compliance with this section is essential to avoid criminal charges. 2. Timing: Determining the appropriate timing for reporting the possession or acquisition of a firearm is another strategic consideration. Reporting too early may alert law enforcement authorities unnecessarily, while reporting too late may result in criminal charges. It is important to note that the obligation to report under this section ends one year after the day on which the individual advises the police. Therefore, the timing of the report may impact the duration of the obligation. 3. Legal representation: Individuals who are required to report under s. 490.02911(4) may benefit from the advice and guidance of legal representation. Legal representatives can assist individuals in understanding their obligations under this section and help them navigate the legal process. Legal representatives may also assist individuals in communicating with law enforcement authorities to avoid criminal charges. 4. Negotiation: Negotiation with law enforcement authorities may also be a strategic consideration when dealing with s. 490.02911(4). Individuals who have illegally acquired or possessed firearms may be hesitant to report to police because of the potential consequences. However, negotiation with law enforcement authorities may help individuals avoid criminal charges or reduce the severity of charges in exchange for cooperation. 5. Mitigation: Finally, mitigating the circumstances surrounding the illegal possession or acquisition of firearms may also be a strategic consideration. For example, individuals may present evidence of extenuating circumstances that led to their possession or acquisition of firearms. This evidence may help reduce the severity of charges and penalties. In conclusion, s. 490.02911(4) places an obligation on individuals who possess or acquire firearms illegally or who are prohibited from possessing firearms. Strategic considerations when dealing with this section include compliance, timing, legal representation, negotiation, and mitigation. Employing these strategies may help individuals avoid or reduce the severity of criminal charges.