Bill C-3
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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
referred to in paragraph 667(1)(a) of the
Criminal Code is filed with this application.
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Whereas (name of offender)
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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;
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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
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.
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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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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;
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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;
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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.
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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
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 5.07 |
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(Subsection 487.057(1))
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REPORT TO A PROVINCIAL COURT JUDGE OR THE COURT |
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Canada, Province of ................, (territorial division)
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[ ] 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:
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[ ] To the court from which an order under
section 487.051 or 487.052 of the
Criminal Code was made:
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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.
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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).
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The samples were taken at .... a.m./p.m. on the
... day of ........... A.D. ......
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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:
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[ ] individual hairs, including the root
sheath
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[ ] epithelial cells taken by swabbing the
lips, tongue or inside cheeks of the mouth
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[ ] blood taken by pricking the skin surface
with a sterile lancet
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Any terms or conditions in the (warrant, order
or authorization) have been complied with.
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Dated this ................ day of ................ A.D. ........, at ................ .
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........................................ (Signature of peace officer)
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FORM 5.08 |
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(Subsection 487.091(1))
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APPLICATION FOR AN AUTHORIZATION FOR TAKING ADDITIONAL SAMPLES OF 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 additional samples
of bodily substances for forensic DNA
analysis.
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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);
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And whereas on (day/month/year) it was
determined that a DNA profile could not be
derived from the samples for the following
reasons:
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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.
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Dated this ... day of ........, A.D. ......, at
............... .
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......................................... (Signature of applicant)
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FORM 5.09 |
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(Subsection 487.091(1))
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AUTHORIZATION FOR THE TAKING OF ADDITIONAL SAMPLES 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 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;
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Whereas on (day/month/year) it was
determined that a DNA profile could not be
derived from the samples for the following
reasons:
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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;
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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.
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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
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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R.S., c. C-47
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Criminal Records Act |
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25. Section 6 of the Criminal Records Act
is amended by adding the following after
subsection (3):
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Information in
national DNA
data bank
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(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.
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COMING INTO FORCE |
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Coming into
force
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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.
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