INTRODUCTION AND BRIEF DESCRIPTION
This section states that no person incurs criminal or civil liability for taking bodily samples from a person under a warrant, order, or authorization if done with reasonable care and skill.
SECTION WORDING
487.058 No peace officer, and no person acting under a peace officer’s direction, incurs any criminal or civil liability for anything necessarily done with reasonable care and skill in the taking of samples of bodily substances from a person under a warrant issued under section 487.05, an order made under section 487.051 or an authorization granted under section 487.055 or 487.091.
EXPLANATION
Section 487.058 of the Criminal Code of Canada is an immunity provision that grants protection to peace officers and individuals acting under their direction from criminal or civil liability for the taking of bodily substances from a person, provided that it was done with reasonable care and skill and under a warrant, order, or authorization granted under specific sections of the Code. This provision applies to situations where a peace officer is authorized by law to obtain bodily samples from an individual for the purposes of a criminal investigation. Bodily substances may include blood, saliva, hair, urine, or tissue samples. A warrant, order, or authorization must be granted by a judge or another authorized person before such samples can be taken. The immunity granted under this provision protects police officers and their agents from criminal or civil liability if they act with reasonable care and skill when taking bodily samples from individuals. This means they must behave in a responsible manner, with a high degree of skill and care, and avoid actions that could cause harm to the individual. Police officers, in particular, must comply strictly with the conditions set out in the warrants and orders, to ensure that the samples are taken in accordance with the law. The protection granted by this provision is intended to encourage police officers and other authorized individuals to conduct investigations in a thorough and systematic manner without the fear of being held liable for actions that may be required for investigations. Nevertheless, it remains important to ensure that the rights of individuals are protected, and that the use of bodily samples is strictly controlled to avoid abuse or misuse. Overall, section 487.058 serves to balance the interests of justice and the rights of individuals by providing protection to those who carry out necessary investigative procedures in good faith and with reasonable care and skill.
COMMENTARY
Section 487.058 of the Canadian Criminal Code grants immunity to peace officers and individuals acting under their direction for any actions taken in the collection of bodily substance samples from individuals under certain circumstances. The provision states that as long as the collection of the sample was done with reasonable care and skill, there will be no criminal or civil liability for the officer involved. This provision is a crucial one when it comes to the administration of justice in Canada. It permits the collection of critical evidence with the assurance that the individuals involved in the process will be protected from legal action as long as they act with reasonable care and skill. The provision applies only to situations where the sample collection is done under a warrant issued under section 487.05, an order made under section 487.051, or an authorization granted under section 487.055 or 487.091. These provisions provide for the collection of specific bodily substances from individuals suspected of committing certain criminal offenses or who are suspected of being involved in certain types of criminal activities. Section 487.05 of the Criminal Code allows for the issuance of warrants for the collection of bodily substances such as blood, urine, and hair, from individuals suspected of committing certain criminal offenses. This provision is usually applied to cases such as impaired driving or drug offenses where the presence of drugs or alcohol in the bloodstream is necessary for prosecution. Section 487.051 allows for the collection of bodily substances from individuals under a court order that is not related to a criminal investigation. This provision is generally applied in situations where the health or safety of the public is at risk, such as in cases of infectious disease outbreaks. Section 487.055 and 487.091 allow for the collection of bodily substances from individuals in specific circumstances related to national security or terrorism investigations. In all these cases, the collection of the samples must be done with reasonable care and skill, and any resulting analysis and use of the samples must be done in accordance with the law, including the Canadian Charter of Rights and Freedoms. The immunity provided by section 487.058 ensures that the rights of individuals are protected in the process of collecting and using these samples for criminal prosecution or other lawful purposes. It also ensures that the individuals who are authorized to collect such samples can do so without fear of legal action should they do so with reasonable care and skill. This provision is an important aspect of Canada's justice system, ensuring that evidence can be gathered and used in court without compromising the rights and safety of individuals involved in the process. It provides a necessary balance between the rights of individuals and the need for law enforcement to gather evidence to prosecute criminal offenses.
STRATEGY
Section 487.058 of the Criminal Code of Canada provides legal protection to peace officers and anyone acting under their direction when taking samples of bodily substances from a person under a lawful warrant or order. This provision safeguards law enforcement officials from criminal or civil liability when carrying out their duties related to the collection of biological evidence. In terms of strategic considerations, this provision must be balanced with other important legal principles, such as privacy rights and constitutional protections against unreasonable search and seizure. One important strategy in dealing with this section of the Criminal Code is to ensure that the collection of bodily substances is limited to what is authorized by law and that it is done with proportionality and reasonableness. Another strategic consideration is the need for proper training and protocols for law enforcement officials involved in collecting biological evidence. These protocols should emphasize the importance of obtaining informed consent when possible and using minimally invasive techniques to collect samples. This can help to reduce the risk of legal challenges and provide a strong evidentiary foundation for any subsequent legal proceedings. It is also important to consider the potential impact of this provision on public trust and confidence in law enforcement. While it may be necessary in certain circumstances to collect biological evidence, it is important to communicate clearly with the public about the reasons for doing so, and to do so in a way that respects their rights and maintains their trust in law enforcement. Overall, the strategic considerations involved in dealing with this section of the Criminal Code of Canada highlight the need for a balanced and thoughtful approach to the collection of biological evidence. Employing strategies such as training, clear communication, and respect for individual rights can help to ensure that this provision is used appropriately and effectively to support the aims of justice and public safety.