Bill C-3
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REGULATIONS |
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Regulations
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12. The Governor in Council may make
regulations for carrying out the purposes and
provisions of this Act.
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REVIEW OF ACT |
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Review of Act
by parliamen- tary committee
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13. (1) The provisions and operation of this
Act shall, within five years after this Act
comes into force, be reviewed by any
committee of the House of Commons, or of
both Houses of Parliament, that may be
designated or established by Parliament for
that purpose.
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Deemed
repeal
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(2) This section is deemed to be repealed on
the completion of the review referred to in
subsection (1).
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CONSEQUENTIAL AMENDMENTS |
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R.S., c. A-1
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Access to Information Act |
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14. Schedule II to the Access to
Information Act is amended by adding, in
alphabetical order, a reference to
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DNA Identification Act
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and a corresponding reference to
``subsection 6(7)''.
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R.S., c. C-46;
R.S., cc. 2, 11,
27, 31, 47, 51,
52 (1st
Supp.), cc. 1,
24, 27, 35
(2nd Supp.),
cc. 10, 19, 30,
34 (3rd
Supp.), cc. 1,
23, 29, 30, 31,
32, 40, 42, 50
(4th Supp.);
1989, c. 2;
1990, cc. 15,
16, 17, 44;
1991, cc. 1, 4,
28, 40, 43;
1992, cc. 1,
11, 20, 21, 22,
27, 38, 41, 47,
51; 1993, cc.
7, 25, 28, 34,
37, 40, 45, 46;
1994, cc. 12,
13, 38, 44;
1995, cc. 5,
19, 22, 27, 29,
32, 39, 42;
1996, cc. 8,
16, 19, 31, 34;
1997, cc. 9,
16, 17, 18, 23,
30
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Criminal Code |
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1995, c. 27,
s. 1
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15. (1) The definitions ``designated
offence'' and ``forensic DNA analysis'' in
section 487.04 of the Criminal Code are
replaced by the following:
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``designated
offence'' « infraction désignée »
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``designated offence'' means a primary
designated offence or a secondary
designated offence;
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``forensic
DNA
analysis'' « analyse génétique »
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``forensic DNA analysis''
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(2) Section 487.04 of the Act is amended
by adding the following in alphabetical
order:
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``primary
designated
offence'' « infraction primaire »
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``primary designated offence'' means
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``secondary
designated
offence'' « infraction secondaire »
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``secondary designated offence'' means
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1995, c. 27,
s. 1
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16. (1) Subsection 487.05(1) of the Act is
replaced by the following:
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Information
for warrant to
take bodily
substances for
forensic DNA
analysis
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487.05 (1) A provincial court judge who on
ex parte application made in Form 5.01 is
satisfied by information on oath that there are
reasonable grounds to believe
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and who is satisfied that it is in the best
interests of the administration of justice to do
so may issue a warrant in Form 5.02
authorizing the taking, from that person, for
the purpose of forensic DNA analysis, of any
number of samples of one or more bodily
substances that is reasonably required for that
purpose, by means of the investigative
procedures described in subsection 487.06(1).
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1995, c. 27,
s. 1
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(2) Subparagraphs 487.05(2)(b)(i) and (ii)
of the English version of the Act are
replaced by the following:
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17. The Act is amended by adding the
following after section 487.05:
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Order
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487.051 (1) Subject to section 487.053, if a
person is convicted, discharged under section
730 or, in the case of a young person, found
guilty under the Young Offenders Act, of a
designated offence, the court
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Exception
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(2) The court is not required to make an
order under paragraph (1)(a) if it is satisfied
that the person or young person has
established that, were the order made, the
impact on the person's or young person's
privacy and security of the person would be
grossly disproportionate to the public interest
in the protection of society and the proper
administration of justice, to be achieved
through the early detection, arrest and
conviction of offenders.
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Criteria
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(3) In deciding whether to make an order
under paragraph (1)(b), the court shall
consider the criminal record of the person or
young person, the nature of the offence and the
circumstances surrounding its commission
and the impact such an order would have on
the person's or young person's privacy and
security of the person and shall give reasons
for its decision.
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Offences
committed
before DNA
Identification
Act in force
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487.052 (1) Subject to section 487.053, if a
person is convicted, discharged under section
730 or, in the case of a young person, found
guilty under the Young Offenders Act, of a
designated offence committed before the
coming into force of subsection 5(1) of the
DNA Identification Act, the court may, on
application by the prosecutor, make an order
in Form 5.04 authorizing the taking, from that
person or young person, for the purpose of
forensic DNA analysis, of any number of
samples of one or more bodily substances that
is reasonably required for that purpose, by
means of the investigative procedures
described in subsection 487.06(1), if the court
is satisfied that it is in the best interests of the
administration of justice to do so.
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Criteria
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(2) In deciding whether to make the order,
the court shall consider the criminal record of
the person or young person, the nature of the
offence and the circumstances surrounding its
commission and the impact such an order
would have on the person's or young person's
privacy and security of the person and shall
give reasons for its decision.
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No order
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487.053 No court may make an order under
section 487.051 or 487.052 in respect of a
person or young person if the court has been
advised
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