Bill C-3
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24. The Act is amended by adding the
following after Form 5:
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FORM 5.01 |
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(Subsection 487.05(1))
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INFORMATION TO OBTAIN A WARRANT TO TAKE BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS |
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Canada, Province of ................ (territorial division)
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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.
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The informant says that he or she has reason
able grounds to believe
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The reasonable grounds are:
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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.
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Sworn to before me this ................ day of .........., A.D. ........, at ................ .
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................................. (Signature of informant)
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........................................ (Signature of provincial court judge)
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FORM 5.02 |
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(Subsection 487.05(1))
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WARRANT AUTHORIZING THE TAKING 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 it appears on the oath of (name of
peace officer) of ...... in the said (territorial di
vision), that there are reasonable grounds to
believe
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And whereas I am satisfied that it is in the best
interests of the administration of justice to is
sue this warrant;
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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:
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Dated this ................ day of ................ A.D. ........, at ................ .
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........................................ (Signature of provincial court judge)
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FORM 5.03 |
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(Paragraph 487.051(1)(a))
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ORDER AUTHORIZING THE TAKING 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 (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;
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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.
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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:
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Dated this ................ day of ................ A.D. ........, at ................ .
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........................................ (Signature of judge of the court)
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FORM 5.04 |
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(Paragraph 487.051(1)(b) and subsection
487.052(1))
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ORDER AUTHORIZING THE TAKING 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 (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
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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;
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And whereas I am satisfied that it is in the best
interests of the administration of justice to
make this order;
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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.
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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:
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Dated this ................ day of ................ A.D. ........, at ................ .
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........................................ (Signature of judge of the court)
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FORM 5.05 |
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(Subsection 487.055(1))
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APPLICATION FOR AN AUTHORIZATION TO TAKE 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 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.
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Whereas (name of offender)
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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.
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Dated this ... day of ........, A.D. ......, at ............... .
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......................................... (Signature of applicant)
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FORM 5.06 |
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(Subsection 487.055(1))
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AUTHORIZATION FOR THE TAKING 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 (name of offender)
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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 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;
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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 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.
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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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