NCJ Number
94235
Date Published
1984
Length
174 pages
Annotation
Any rational and comprehensive codification of the investigative test procedures used in criminal investigations in Canada should adhere to three principles recently stated by the Canadian Government.
Abstract
The first principle is that the law should clearly define the powers necessary to facilitate the conduct of criminal investigations without unreasonably or arbitrarily interfering with individual rights and freedoms. Second, discretion at critical points of the criminal justice process should be governed by appropriate controls. Third, the rights of the accused should be clearly stated. The tests considered in this analysis by the Law Reform Commission of Canada consist of the procedures used to gather evidence directly from accused persons and suspects and include photographs, saliva samples, blood samples, and handwriting samples. Excluded are normal interrogation, surveillance, and search procedures. The types of investigative tests that may be conducted, the potential evidentiary use of these tests, and the current status of the law pertaining to the administration of these tests are examined. One recommendation is that taking blood samples in the investigation of driving offenses should not be permitted without a person's consent unless the suspect is unconscious or physically unable to provide a blood sample. Additional recommendations, 489 reference notes, and a bibliography of 118 references are supplied.