Bill C-3

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

	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 referred to in paragraph 667(1)(a) of the Criminal 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,
	(b) before subsection 487.055(1) of the Criminal Code came into force, had been convicted of more than one murder committed at different times, or
	(c) before subsection 487.055(1) of the Criminal Code came into force, had been convicted of more than one sexual offence 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 I have considered the offender's criminal record, the nature of the offence and the circumstances surrounding its commission and the impact that this authorization would have on the offender's privacy and security of the person;
	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 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 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,
	(b) before subsection 487.055(1) of the Criminal Code came into force, had been convicted of more than one murder committed at different times, or
	(c) before subsection 487.055(1) of the Criminal Code came into force, had been convicted of more than one sexual offence 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;
	Whereas (name of peace officer), a peace officer of the said territorial division, has applied 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 investigative procedures described in subsection 487.06(1) of that Act;
	And 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 authorization would have on the offender's privacy and security of the person;
	Therefore, the peace officers of the said territorial division, are authorized to take from (name of offender) or cause to be taken by a person acting under their direction those samples, 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 officer.
	This authorization is subject to the following terms and conditions 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 5.07
	(Subsection 487.057(1))
	REPORT TO A PROVINCIAL COURT JUDGE OR THE COURT
	Canada, Province of ................, (territorial division)
	[ ] To (name of judge), a judge of the provincial court who issued a warrant under section 487.05 or granted an authorization under section 487.055 or 487.091 of the Criminal Code or to another judge of that court:
	[ ] To the court from which an order under section 487.051 or 487.052 of the Criminal Code was made:
	I, (name of peace officer), have (state here whether you have acted in execution of a warrant under section 487.05 or an order under section 487.051 or 487.052, or under an authorization under section 487.055 or 487.091) of the Criminal Code.
	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 forensic DNA analysis, in accordance with (state whether the taking of the samples was under the warrant issued or an authorization granted by the judge or another judge of the court or an order made by the court).
	The samples were taken at .... a.m./p.m. on the ... day of ........... A.D. ......
	I (or state the name of the person who took the samples) was able by virtue of training or experience to take the following samples from (name of offender) in accordance with subsection 487.06(1) of the Criminal Code and did so take them:
	[ ] individual hairs, including the root sheath
	[ ] epithelial cells taken by swabbing the lips, tongue or inside cheeks of the mouth
	[ ] blood taken by pricking the skin surface with a sterile lancet
	Any terms or conditions in the (warrant, order or authorization) have been complied with.
	Dated this ................ day of ................ A.D. ........, at ................ .
	........................................ (Signature of peace officer)
	FORM 5.08
	(Subsection 487.091(1))
	APPLICATION FOR AN AUTHORIZATION FOR TAKING ADDITIONAL SAMPLES OF 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 additional samples of bodily substances for forensic DNA analysis.
	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 authorization);
	And whereas on (day/month/year) it was determined that a DNA profile could not be derived from the samples for the following reasons:
	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 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 officer.
	Dated this ... day of ........, A.D. ......, at ............... .
	......................................... (Signature of applicant)
	FORM 5.09
	(Subsection 487.091(1))
	AUTHORIZATION FOR THE TAKING OF ADDITIONAL SAMPLES OF BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS
	Canada, Province of ................, (territorial division)
	To the peace officers in (territorial division):
	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;
	Whereas on (day/month/year) it was determined that a DNA profile could not be derived from the samples for the following reasons:
	And whereas (name of peace officer), a peace officer of the said territorial division, has applied for an authorization for the taking of the number of additional samples of bodily substances from (name of offender) that is reasonably required for forensic DNA analysis by means of the investigative procedures described in subsection 487.06(1) of that Act;
	Therefore, the peace officers of the said territorial division are authorized to take from (name of offender) or cause to be taken by a person acting under their direction those additional samples, 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 officer.
	This authorization is subject to the following terms and conditions 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 )
R.S., c. C-47	Criminal Records Act
	*25. Section 6 of the Criminal Records Act* is amended by adding the following after subsection (3):**
Information in national DNA data bank	(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.
	COMING INTO FORCE
Coming into force	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.