Bill C-3

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	(f) subsections 487.08(1.1), (2.1) and (4).
	24. The Act is amended by adding the following after Form 5:
	FORM 5.01
	(Subsection 487.05(1))
	INFORMATION TO OBTAIN A WARRANT TO TAKE BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS
	Canada, Province of ................ (territorial division)
	This is the information of (name of peace offi cer), (occupation), of ....... in the said (territo rial division), hereinafter called the infor mant, taken before me.
	The informant says that he or she has reason able grounds to believe
	(a) that (offence), a designated offence within the meaning of section 487.04 of the Criminal Code, has been committed;
	(b) that a bodily substance has been found
	(i) at the place where the offence was committed,
	(ii) on or within the body of the victim of the offence,
	(iii) on anything worn or carried by the victim at the time when the offence was committed, or
	(iv) on or within the body of any person or thing or at any place associated with the commission of the offence;
	(c) that (name of person) was a party to the offence; and
	(d) that forensic DNA analysis of a bodily substance from (name of person) will provide evidence about whether the bodily substance referred to in paragraph (b) was from that person.
	The reasonable grounds are:
	The informant therefore requests that a war rant be issued authorizing the taking from (name of person) of the number of samples of bodily substances that are reasonably required for forensic DNA analysis, provided that the person taking the samples is able by virtue of training or experience to take them by means of the investigative 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 offi cer.
	Sworn to before me this ................ day of .........., A.D. ........, at ................ .
	................................. (Signature of informant)
	........................................ (Signature of provincial court judge)
	FORM 5.02
	(Subsection 487.05(1))
	WARRANT AUTHORIZING THE TAKING OF BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS
	Canada, Province of ................ (territorial division)
	To the peace officers in (territorial division):
	Whereas it appears on the oath of (name of peace officer) of ...... in the said (territorial di vision), that there are reasonable grounds to believe
	(a) that (offence), a designated offence within the meaning of section 487.04 of the Criminal Code, has been committed,
	(b) that a bodily substance has been found
	(i) at the place where the offence was committed,
	(ii) on or within the body of the victim of the offence,
	(iii) on anything worn or carried by the victim at the time when the offence was committed, or
	(iv) on or within the body of any person or thing or at any place associated with the commission of the offence,
	(c) that (name of person) was a party to the offence, and
	(d) that forensic DNA analysis of a bodily substance from (name of person) will provide evidence about whether the bodily substance referred to in paragraph (b) was from that person;
	And whereas I am satisfied that it is in the best interests of the administration of justice to is sue this warrant;
	This is therefore to authorize and require you to take from (name of person) or cause to be taken by a person acting under your direction, the number of samples of bodily substances that are reasonably required for forensic DNA analysis, provided that the person taking the samples is able by virtue of training or experi ence to take them by means of the investiga tive 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. This warrant is subject to the following terms and condi tions that I consider advisable to ensure that the taking of the samples is reasonable in the circumstances:
	Dated this ................ day of ................ A.D. ........, at ................ .
	........................................ (Signature of provincial court judge)

	FORM 5.03
	(Paragraph 487.051(1)(a))
	ORDER AUTHORIZING THE TAKING OF BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS
	Canada, Province of ................ (territorial division)
	To the peace officers in (territorial division):
	Whereas (name of offender) has been con victed, discharged under section 730 of the Criminal Code or, in the case of a young per son, found guilty under the Young Offenders Act of (offence), an offence that is a primary designated offence within the meaning of sec tion 487.04 of the Criminal Code;
	Therefore, you are authorized to take from (name of offender) or cause to be taken by a person acting under your direction, the num ber of samples of bodily substances that are reasonably required for forensic DNA analy sis, provided that the person taking the sam ples is able by virtue of training or experience to take them by means of the investigative pro cedures described in subsection 487.06(1) of the Criminal Code and provided that, if the person taking the samples is not a peace offi cer, he or she take the samples under the direc tion of a peace officer.
	This order is subject to the following terms and conditions that I consider advisable to en sure that the taking of the samples is reason able in the circumstances:
	Dated this ................ day of ................ A.D. ........, at ................ .
	........................................ (Signature of judge of the court)
	FORM 5.04
	(Paragraph 487.051(1)(b) and subsection 487.052(1))
	ORDER AUTHORIZING THE TAKING OF BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS
	Canada, Province of ................. (territorial division)
	To the peace officers in (territorial division):
	Whereas (name of offender), in this order called the ``offender'', has been convicted, discharged under section 730 of the Criminal Code or, in the case of a young person, found guilty under the Young Offenders Act of (of fence), an offence that is
	(a) a secondary designated offence within the meaning of section 487.04 of the Criminal Code, or
	(b) a designated offence within the meaning of section 487.04 of the Criminal Code committed before subsection 5(1) of the DNA Identification Act came into force;
	Whereas I have considered the offender's criminal record, the nature of the offence and the circumstances surrounding its commission and the impact that this order would have on the offender's privacy and security of the per son;
	And whereas I am satisfied that it is in the best interests of the administration of justice to make this order;
	Therefore, you are authorized to take from (name of offender) or cause to be taken by a person acting under your direction, the num ber of samples of bodily substances that are reasonably required for forensic DNA analy sis, provided that the person taking the sam ples is able by virtue of training or experience to take them by means of the investigative pro cedures described in subsection 487.06(1) of the Criminal Code and provided that, if the person taking the samples is not a peace offi cer, he or she take the samples under the direc tion of a peace officer.
	This order is subject to the following terms and conditions that I consider advisable to en sure that the taking of the samples is reason able in the circumstances:
	Dated this ................ day of ................ A.D. ........, at ................ .
	........................................ (Signature of judge of the court)
	FORM 5.05
	(Subsection 487.055(1))
	APPLICATION FOR AN AUTHORIZATION TO TAKE BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS
	Canada, Province of ................, (territorial division)
	I, (name of peace officer), (occupation), of .......... in the said (territorial division), apply for an authorization to take bodily substances for forensic DNA analysis. A certificate re ferred to in paragraph 667(1)(a) of the Crimi nal Code is filed with this application.
	Whereas (name of offender)
	(a) before subsection 487.055(1) of the Criminal Code came into force, had been declared a dangerous offender under Part XXIV of that Act, or
	(b) before subsection 487.055(1) of the Criminal Code came into force, had been convicted more than once of one or more sexual offences within the meaning of subsection 487.055(3) of the Criminal Code and is currently serving a sentence of at least two years imprisonment for one or more of those offences;
	Therefore, I request that an authorization be granted under subsection 487.055(1) of the Criminal Code to take from (name of offender) the number of samples of bodily substances that is reasonably required for forensic DNA analysis, provided that the person taking the samples is able by virtue of training or experi ence to take them by means of the investiga tive 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.
	Dated this ... day of ........, A.D. ......, at ............... .
	......................................... (Signature of applicant)
	FORM 5.06
	(Subsection 487.055(1))
	AUTHORIZATION FOR THE TAKING OF BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS
	Canada, Province of ................, (territorial division)
	To the peace officers in (territorial division):
	Whereas (name of offender)
	(a) before subsection 487.055(1) of the Criminal Code came into force, had been declared a dangerous offender under Part XXIV of that Act, or
	(b) before subsection 487.055(1) of the Criminal Code came into force, had been convicted more than once of one or more sexual offences within the meaning of subsection 487.055(3) of the Criminal Code and is currently serving a sentence of at least two years imprisonment for one or more of those offences;
	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 samples of bodily substances from (name of offender) that is reasonably required for forensic DNA analysis by means of the in vestigative procedures described in subsec tion 487.06(1) of that Act;
	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 sam ples, provided that the person taking the sam ples is able by virtue of training or experience to take them by means of the investigative pro cedures described in subsection 487.06(1) of the Criminal Code and provided that, if the person taking the samples is not a peace offi cer, he or she take the samples under the direc tion of a peace officer.
	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:
	Dated this ................ day of ................ A.D., at ................ .
	........................................ (Signature of justice of the peace)