section 490.03(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section requires the RCMP to disclose registered information to prosecutors or the Attorney General for certain legal proceedings.

SECTION WORDING

490.03(1) The Commissioner of the Royal Canadian Mounted Police or a person authorized by the Commissioner shall, on request, disclose information that is registered in the database or the fact that such information is registered in the database (a) to the prosecutor if the disclosure is necessary for the purpose of a proceeding under section 490.012; or (b) to the Attorney General if the disclosure is necessary for the purpose of a proceeding under subsection 490.016(1), 490.023(2), 490.027(1), 490.02905(2), 490.02909(1) or 490.02913(1) or for the purpose of an appeal from a decision made in any of those proceedings or in a proceeding under subsection 490.012(2).

EXPLANATION

Section 490.03(1) of the Criminal Code of Canada places an obligation on the Commissioner of the Royal Canadian Mounted Police or an authorized person to disclose information registered in the database or the fact that the information is registered in the database. This information must be disclosed to either the prosecutor or the Attorney General upon request if it is necessary for a proceeding under section 490.012 or any other specific subsections mentioned in the section. Section 490.012 refers to the proceedings for a DNA Order, which allows the police to obtain a sample of a suspect's DNA for a DNA analysis. This section further explains the criteria for issuing a DNA Order. The information registered in the DNA database is vital in such proceedings for identifying suspects. The other subsections listed are related to the disposal of DNA samples and records, the destruction of DNA profiles, and the publication of DNA profiles. The Attorney General may require access to the information to proceed with an investigation or appeal decision made in any of these proceedings. Overall, this section is explicitly written to ensure that authorized individuals have access to necessary information registered in the DNA database, which can help to solve crimes and ensure justice for victims. This provision contributes to maintain effective and efficient criminal justice in Canada.

COMMENTARY

Section 490.03(1) of the Criminal Code of Canada lays out the circumstances under which the Commissioner of the Royal Canadian Mounted Police or a person authorized by the Commissioner must disclose information that is registered in the DNA database, or the fact that such information is registered in the database. In general, information in the database is used in criminal proceedings, either to establish the guilt of a suspect or to exonerate someone wrongly accused. The disclosure of this information is therefore a sensitive matter, governed by strict rules to ensure it is used only for the purposes intended. The first circumstance under which information in the database might be disclosed is when it is necessary for a proceeding under section 490.012. This section deals with orders for the taking of samples of bodily substances, such as blood, hair, or saliva, for the purpose of DNA analysis. In such cases, the prosecutor may request information from the DNA database to help establish the identity of the person from whom the sample was taken. This is necessary to ensure that the right person is charged and that the evidence is properly handled. The second circumstance under which information in the database may be disclosed is when it is necessary for a proceeding under subsection 490.016(1), 490.023(2), 490.027(1), 490.02905(2), 490.02909(1), or 490.02913(1), or for the purpose of an appeal from a decision made in any of those proceedings or in a proceeding under subsection 490.012(2). These subsections deal with various aspects of the use of DNA evidence in criminal proceedings, such as the admissibility of DNA evidence, the destruction of samples once testing is complete, and the rights of victims in the handling of DNA evidence. In these cases, the wider dissemination of information may be necessary to ensure that the legal rights of those involved are properly protected. Overall, section 490.03(1) is an important provision that helps to ensure the proper use of DNA evidence in criminal proceedings. By setting out clear rules for the disclosure of information from the DNA database, it helps to protect the privacy rights of individuals and to ensure the accuracy of the criminal justice system. It is important that these rules are respected and upheld by all those involved in criminal proceedings, from prosecutors to police officers to judges and jurors. Ultimately, the fair and responsible use of DNA evidence is crucial to upholding the rule of law and ensuring that justice is served in Canada.

STRATEGY

Section 490.03(1) of the Criminal Code of Canada outlines the circumstances under which information registered in the database can be disclosed. As this provision provides for the disclosure of sensitive information, it is essential to consider several strategies when dealing with it. One essential strategy is to ensure that the request for disclosure of information is legitimate. The section permits disclosure of information to prosecutors or the Attorney General, but only if the disclosure is necessary for a specific purpose. Therefore, it is essential to evaluate the request carefully to determine if the information disclosed is required for a legitimate proceeding. Failing to verify the legitimacy of the request might result in the disclosure of confidential information to unauthorized individuals. Another strategy is to ensure that the information being disclosed is relevant only to the proceeding at hand. The provision only permits the disclosure of information necessary for the specific proceeding. Disclosing additional information that is not pertinent to the proceeding could compromise the privacy of the individual. Therefore, it is critical to review the information carefully and provide only that which is necessary for the proceeding. Thirdly, it is essential to consider the impact of the disclosure of the information on the individual involved. Disclosure of sensitive information could have devastating effects on the individual. It may lead to social stigma and prejudice, loss of employment, or cause irreparable damage to their reputation. Therefore, it is essential to consider these factors before disclosing the information. Fourthly, it is crucial to consider whether alternative measures or methods are available that may minimize or eliminate the need for disclosure of information. For instance, could redacting the information or providing a summary of the necessary details suffice instead of revealing the entire record? Can the use of oral testimonies or other evidence obviate the need for disclosure? Exploring alternative approaches could mitigate the risks associated with the disclosure of sensitive information. Lastly, it is crucial to ensure that the disclosure of information is in compliance with privacy laws. The legislation provides specific guidelines for the collection, use, and disclosure of personal information. Therefore, any disclosure of information registered in the database must adhere to these guidelines, and individuals must be informed of their rights concerning the collection, use, and disclosure of their information. Legal practitioners could employ several strategies when dealing with Section 490.03(1) of the Criminal Code of Canada. For instance, they could emphasize the need to comply with the guidelines provided in the legislation to minimize the risks associated with disclosing sensitive information. They could also appeal to the authorities to provide alternative measures to avoid disclosing the entire record or provide only a summary of the necessary details. Prudent legal practitioners should also consider the potential impact of the disclosure of the information on the individual involved and seek ways to mitigate this impact. In conclusion, the disclosure of sensitive information under Section 490.03(1) of the Criminal Code of Canada is a complex issue that requires a careful evaluation of several factors. It is essential to ensure that any disclosure of information is legitimate, relevant only to the proceeding, and the potential impact on the affected individual is minimized. Legal practitioners should consider these factors and employ strategies that mitigate the risks associated with disclosing sensitive information.