Bill C-3
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FORM 5.07 |
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(Subsection 487.057(1))
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REPORT TO A PROVINCIAL COURT JUDGE, THE COURT OR A JUSTICE |
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Canada, Province of ................, (territorial division)
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[ ] To (name of judge), a judge of the
provincial court who issued a warrant
under section 487.05 of the Criminal
Code or to another judge of that court:
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[ ] To the court from which an order
under section 487.051 or 487.052 of the
Criminal Code was made:
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[ ] To (name of justice), a justice who
granted an authorization under section
487.055 or 487.091 of the Criminal Code
or to another justice for the same
territorial division:
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I, (name of peace officer), have (state here
whether you have acted in execution of a war
rant under section 487.05 or an order under
section 487.051 or 487.052, or under an au
thorization under section 487.055 or 487.091)
of the Criminal Code.
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I have (state here whether you have taken the
samples yourself or caused them to be taken
under your direction) from (name of offender)
the number of samples of bodily substances
that I believe are reasonably required for fo
rensic DNA analysis, in accordance with
(state whether the taking of the samples was
under the warrant issued by the judge or
another judge of the court, an order made by
the court or an authorization granted by the
justice or another justice for the same territo
rial division).
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The samples were taken at .... a.m./p.m. on the
... day of ........... A.D. ......
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I (or state the name of the person who took the
samples) was able by virtue of training or ex
perience to take the following samples from
(name of offender) in accordance with subsec
tion 487.06(1) of the Criminal Code and did so
take them:
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[ ] individual hairs, including the root
sheath
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[ ] epithelial cells taken by swabbing
the lips, tongue or inside cheeks of the
mouth
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[ ] blood taken by pricking the skin
surface with a sterile lancet
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Any terms or conditions in the (warrant, order
or authorization) have been complied with.
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Dated this ................ day of ................ A.D. ........, at ................ .
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........................................ (Signature of peace officer)
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FORM 5.08 |
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(Subsection 487.091(1))
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APPLICATION FOR AN AUTHORIZATION FOR TAKING ADDITIONAL SAMPLES OF BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS |
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Canada, Province of ................, (territorial division)
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I, (name of peace officer), (occupation), of
.......... in the said (territorial division), apply
for an authorization to take additional samples
of bodily substances for forensic DNA analy
sis.
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Whereas samples of bodily substances were
taken from (name of offender) for the purpose
of forensic DNA analysis, in execution of an
order made under section 487.051 or 487.052
of the Criminal Code or an authorization
granted under section 487.055 of the Criminal
Code (attach a copy of the order or authoriza
tion);
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And whereas on (day/month/year) it was de
termined that a DNA profile could not be de
rived from the samples for the following rea
sons:
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Therefore, I request that an authorization be
granted under subsection 487.091(1) of the
Criminal Code to take from (name of offender)
the number of additional samples of bodily
substances that is reasonably required for fo
rensic DNA analysis, provided that the person
taking the samples is able by virtue of training
or experience to take them by means of the in
vestigative procedures described in subsec
tion 487.06(1) of the Criminal Code and pro
vided that, if the person taking the samples is
not a peace officer, he or she take the samples
under the direction of a peace officer.
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Dated this ... day of ........, A.D. ......, at
............... .
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......................................... (Signature of applicant)
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FORM 5.09 |
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(Subsection 487.091(1))
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AUTHORIZATION FOR THE TAKING OF ADDITIONAL SAMPLES OF BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS |
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Canada, Province of ................, (territorial division)
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To the peace officers in (territorial division):
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Whereas samples of bodily substances were
taken from (name of offender) for the purpose
of forensic DNA analysis, in execution of an
order made under section 487.051 or 487.052
of the Criminal Code or an authorization
granted under section 487.055 of the Criminal
Code;
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Whereas on (day/month/year) it was deter
mined that a DNA profile could not be derived
from the samples for the following reasons:
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And whereas (name of peace officer), a peace
officer of the said territorial division, has ap
plied for an authorization for the taking of the
number of additional samples of bodily sub
stances from (name of offender) that is reason
ably required for forensic DNA analysis by
means of the investigative procedures de
scribed in subsection 487.06(1) of that Act;
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Therefore, the peace officers of the said terri
torial division are authorized to take from
(name of offender) or cause to be taken by a
person acting under their direction those addi
tional samples, provided that the person tak
ing the samples is able by virtue of training or
experience to take them by means of the inves
tigative procedures described in subsection
487.06(1) of the Criminal Code and provided
that, if the person taking the samples is not a
peace officer, he or she take the samples under
the direction of a peace officer.
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This authorization is subject to the following
terms and conditions that I consider advisable
to ensure that the taking of the samples is rea
sonable in the circumstances:
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Dated this ................ day of ................ A.D. ........, at ................ .
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........................................ (Signature of justice of the peace)
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| R.S., c. C-47
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Criminal Records Act |
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25. Section 6 of the Criminal Records Act
is amended by adding the following after
subsection (3):
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| Information in
national DNA
data bank
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(4) For greater certainty, a judicial record of
a conviction includes any information in
relation to the conviction that is contained in
the convicted offenders index of the national
DNA data bank established under the DNA
Identification Act.
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COMING INTO FORCE |
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| Coming into
force
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26. This Act or any of its provisions or any
provision of an Act enacted by this Act
comes into force on a day or days to be fixed
by order of the Governor in Council.
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