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NCJRS Abstract

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NCJ Number: 94235 Add to Shopping cart Find in a Library
Title: Investigative Tests, 1984
Corporate Author: Law Reform Cmssn of Canada
Date Published: 1984
Page Count: 174
Sponsoring Agency: Law Reform Cmssn of Canada
Ottawa, Ontario K1A OL6, Canada
National Institute of Justice/
Rockville, MD 20849
Sale Source: Law Reform Cmssn of Canada
130 Albert Street
Ottawa, Ontario K1A OL6,

National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Language: English; French
Country: Canada
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.
Index Term(s): Alcohol consumption analysis; Blood/body fluid analysis; Canada; Evidence collection; Field interrogation and interview; Preliminary investigations; Rights of the accused
Note: Working Paper 34. Includes both English and French version
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