| Limitations on
use of results
of forensic
DNA analysis
|
(2) No person shall use the results of
forensic DNA analysis of a bodily substance
that is obtained in execution of a warrant
except in the course of an investigation of the
designated offence or any other designated
offence in respect of which a warrant was
issued or a bodily substance found in the
circumstances described in paragraph
487.05(1)(b) or in any proceeding for such an
offence.
|
|
| Offence
|
(3) Every person who contravenes
subsection (1) or (2) is guilty of an offence
punishable on summary conviction.
|
|
| Destruction of
bodily
substances
etc.
|
487.09 (1) A bodily substance that is
obtained from a person in execution of a
warrant and the results of forensic DNA
analysis shall be destroyed forthwith after
|
|
|
|
(a) the results of that analysis establish that
the bodily substance referred to in
paragraph 487.05(1)(b) was not from that
person;
|
|
|
|
(b) the person is finally acquitted of the
designated offence and any other offence in
respect of the same transaction otherwise
than by reason of a verdict of not criminally
responsible on account of mental disorder;
or
|
|
|
|
(c) the expiration of one year after
|
|
|
|
(i) the person is discharged after a
preliminary inquiry into the designated
offence or any other offence in respect of
the same transaction,
|
|
|
|
(ii) the dismissal, for any reason other
than acquittal, or the withdrawal of any
information charging the person with the
designated offence or any other offence
in respect of the same transaction, or
|
|
|
|
(iii) any proceeding against the person
for the offence or any other offence in
respect of the same transaction is stayed
under section 579 or under that section as
applied by section 572 or 795,
|
|
|
|
unless during that year a new information is
laid or an indictment is preferred charging the
person with the designated offence or any
other offence in respect of the same
transaction or the proceeding is
recommenced.
|
|
| Exception
|
(2) Notwithstanding subsection (1), a
provincial court judge may order that a bodily
substance that is obtained from a person and
the results of forensic DNA analysis not be
destroyed during any period that the
provincial court judge considers appropriate if
the provincial court judge is satisfied that the
bodily substance or results might reasonably
be required in an investigation or prosecution
of the person for another designated offence or
of another person for the designated offence or
any other offence in respect of the same
transaction.
|
|
|
|
|
|
| R.S., c. Y-1;
R.S., c. 27
(1st Supp.),
c. 24
(2nd Supp.),
c. 1
(3rd Supp.),
c. 1
(4th Supp.);
1991, c. 43;
1992, cc. 1,
11, 47; 1993,
cc. 28, 45;
1994, c. 26
|
|
|
| R.S., c. 24
(2nd Supp.),
s. 34
|
2. (1) The Portion of subsection 44.1(1) of
the Young Offenders Act before paragraph
(a) is replaced by the following:
|
|
| Records made
available
|
44.1 (1) Subject to subsections (2) and (2.1),
any record that is kept pursuant to section 40
shall, and any record that is kept pursuant to
sections 41 to 43 may, on request, be made
available for inspection to
|
|
|
|
(2) Section 44.1 of the Act is amended by
adding the following after subsection (2):
|
|
| Records of
forensic DNA
analysis of
bodily
substances
|
(2.1) Notwithstanding subsections (1) and
(5), any record that is kept pursuant to any of
sections 40 to 43 and that is a record of the
results of forensic DNA analysis of a bodily
substance taken from a young person in
execution of a warrant issued under section
487.05 of the Criminal Code may be made
available for inspection under this section
only under paragraph (1)(a), (b), (c), (d), (e),
(h) or subparagraph (1)(k)(ii).
|
|
|
|
|
|
| Conditional
amendment re
Bill C-37
|
3. If Bill C-37, introduced in the first
session of the thirty-fifth Parliament and
entitled An Act to amend the Young
Offenders Act and the Criminal Code, is
assented to, then, on the later of the day on
which subsection 35(3) of that Act comes
into force and the day on which this Act is
assented to, subsection 487.07(4) of the
Criminal Code is replaced by the following:
|
|
| Execution of
warrant
against young
person
|
(4) A young person against whom a warrant
is executed has, in addition to any other rights
arising from his or her detention under the
warrant,
|
|
|
|
(a) the right to a reasonable opportunity to
consult with, and
|
|
|
|
(b) the right to have the warrant executed in
the presence of
|
|
|
|
counsel and a parent or, in the absence of a
parent, an adult relative or, in the absence of
a parent and an adult relative, any other
appropriate adult chosen by the young person.
|
|