skip navigation


Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.


NCJ Number: 99120 Find in a Library
Title: Report of Obtaining Forensic Evidence - Investigative Procedures in Respect of the Person
Corporate Author: Law Reform Cmssn of Canada
Date Published: 1985
Page Count: 50
Sponsoring Agency: Law Reform Cmssn of Canada
Ottawa, Ontario K1A OL6, Canada
National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
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

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Language: English; French
Country: Canada
Annotation: This report by Canada's Law Reform Commission recommends guidelines for the statutory regulation of evidence collection from the suspect's person.
Abstract: The basic issue addressed by the commission concerns the role that accused persons or suspects should be required to play in obtaining information that may subsequently be used to incriminate them. The commissions's recommendations are based in three propositions. First, certain investigative procedures which inherently and abusively violate a person's privacy should be prohibited in all circumstances. Following this principle, the commission recommends prohibiting the administration of any substance to the subject (such as truth drugs, emetics, and enemas), the use of any surgical procedures that punctures human skin or tissue, the use of any procedure intended to remove stomach contents, and the use of any procedure intended to produce a pictorial representation of any internal body part. Second, other investigative procedures involving the person's body should be permitted only when the subject has clearly consented. Third, persons should be required to submit to a limited number of investigative procedures involving their bodies and only under clearly defined circumstances. In applying this latter principle, the commission recommends prior judicial authorization. Essential to the commissions's proposed regime is the recommendation that compliance with the rules be enforced by making improperly obtained forensic evidence presumptively inadmissible (a general reversal of the present law). A total of 152 footnotes are provided.
Index Term(s): Canada; Commission reports; Criminal procedures; Evidence collection; Exclusionary rule; Law reform; Police legal limitations; Rights of the accused
Note: Available in both English and French.
To cite this abstract, use the following link:

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.