Criminal Code of Canada - section 254(1) - Definition of approved container

section 254(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section defines an approved container for the purpose of taking breath or blood samples for analysis in sections 254.1 to 258.1.

SECTION WORDING

254(1) In this section and sections 254.1 to 258.1, "approved container" means (a) in respect of breath samples, a container of a kind that is designed to receive a sample of the breath of a person for analysis and is approved as suitable for the purposes of section 258 by order of the Attorney General of Canada, and (b) in respect of blood samples, a container of a kind that is designed to receive a sample of the blood of a person for analysis and is approved as suitable for the purposes of section 258 by order of the Attorney General of Canada;

EXPLANATION

Section 254(1) of the Criminal Code of Canada outlines the definition of an approved container" for the purposes of breath and blood samples taken under sections 254.1 to 258.1. This section provides clarity on what types of containers are appropriate for collecting samples of breath and blood for analysis. The section notes that an approved container for breath samples must be designed specifically for this purpose and approved by the Attorney General of Canada as suitable for use under section 258. Similarly, an approved container for blood samples must also be designed for this purpose and approved as suitable for use under section 258. The purpose of this section is to ensure that samples collected by law enforcement for forensic analysis are done so in a way that is recognized as reliable and accurate by the Canadian legal system. This requirement for an approved container helps to ensure that samples are collected in a manner that produces accurate and consistent results, which are essential for use as evidence in criminal proceedings. Overall, Section 254(1) serves an important role in clarifying the expectations for the collection of breath and blood samples under the Criminal Code of Canada. By providing a standard for approved container design and approval, this section helps to ensure that samples collected are reliable and admissible as evidence in criminal proceedings.

COMMENTARY

Section 254(1) of the Criminal Code of Canada is an important provision as it defines the term "approved container" in relation to breath and blood samples. This provision is a critical component of impaired driving law as the accuracy and reliability of the samples collected are essential to determine if a person is impaired and whether they should be charged with a criminal offense. The purpose of this provision is to ensure that the containers used to collect breath and blood samples are of a standardized and approved quality. Section 254(1) provides that an approved container must be designed to receive a sample of breath or blood for analysis and must be approved by the Attorney General of Canada as suitable for the purposes of section 258. This provision is necessary to ensure that the samples collected are not contaminated or affected by external factors that could impact the accuracy and reliability of the test results. The approval of the Attorney General of Canada is an important measure as it ensures that the containers used are standardized and meet the required specifications for collecting breath and blood samples. The Attorney General of Canada is responsible for approving the containers based on their suitability for the purposes of section 258. This means that the containers must be able to maintain the integrity of the samples collected so that they are suitable for analysis and can be used as evidence in court. The use of approved containers is essential to maintaining the integrity of the evidence collected and ensuring that the results of the tests are accurate. If the containers used do not meet the necessary standards, the evidence collected may be challenged in court and may be deemed inadmissible. This could result in a dismissal of the charges or a not guilty verdict, even if the person was impaired at the time of the offense. In addition to ensuring the quality of the containers used, section 254(1) also ensures that the accuracy and reliability of the test results are not impacted by external factors. Contamination or interference from external sources could impact the results of the test and lead to inaccurate readings. This provision helps to ensure that the samples collected are not subject to external factors that could impact their accuracy and reliability. In conclusion, section 254(1) of the Criminal Code of Canada is an important provision that sets out the requirements for approved containers used in collecting breath and blood samples for analysis. The use of approved containers ensures that the evidence collected is of a standardized quality and meets the necessary specifications for analysis. This provision is critical to maintaining the integrity of the evidence collected and ensuring that the results of the tests are accurate and reliable.

STRATEGY

Section 254(1) and related sections 254.1 to 258.1 of the Criminal Code of Canada are of significance when dealing with impaired driving offenses in Canada. Since an accused's sample of breath or blood is typically obtained through a screening device or by a qualified technician, obtaining a suitable approved container for the purpose of analysis is paramount. Defence counsel should be aware of the strategic considerations that come into play while dealing with these provisions. One strategic consideration is how the container was used to preserve the sample. Defence counsel must ensure that the container is sealed properly to ensure the accuracy of the results. The technician must also ensure that the sample is not contaminated or tampered with in any way. There must be a proper chain of custody in place to ensure the integrity of the sample. The second strategic consideration is to challenge the protocol implemented by the police during the sample analysis process. The protocol must follow the guidelines provided by the Attorney General of Canada. Counsel must ascertain whether the protocol was properly followed and whether the technician who collected or analyzed the sample had the necessary training and qualifications to do so. If the defence counsel can find any inconsistencies or flaws with the protocol, it can cast doubts on the validity of the sample. The third strategic consideration is to challenge the credibility of the technician who collected or analyzed the sample. The technician must be qualified and experienced to perform their duties accurately. It is important to establish their expertise in the field and to examine their credentials. If the defence can establish a lack of training, education, or qualifications of the technician, this can create reasonable doubt in the minds of the judge or jury. The fourth strategic consideration is to challenge the test results. Counsel should emphasize that the approved container does not guarantee accurate results. There are variables that can affect the sample quality, such as environmental factors, health conditions, and human error. Counsel must also consider whether the sample was obtained and analyzed within the stipulated timeframe. Lastly, a prosecutor will need to present the test results in court as evidence. In order to do so, the test results must be deemed admissible. The defence will examine the procedure used to obtain and test the sample to determine whether the procedure was lawful. If the proper procedures were not followed, the samples may be excluded from evidence. In conclusion, defence counsel must be well-prepared to handle cases involving impaired-driving and the use of approved containers. The strategic considerations involved in these cases can include challenging the validity of the sample, the protocol used in the collection and analysis of the sample, the qualifications of the technician who collected or analyzed the sample, and the admissibility of the sample results. A successful defence may be based on careful examination of these strategic considerations.