Bill S-10
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SUMMARY |
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This enactment amends the National Defence Act to authorize
military judges to issue DNA warrants in the investigation of designated
offences committed by a person who is subject to the Code of Service
Discipline. It also authorizes military judges to order military offenders
convicted of a designated offence to provide samples of bodily
substances for the purpose of the national DNA data bank. These
authorities are similar to those that may be exercised by a provincial
court judge under the Criminal Code.
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This enactment makes related amendments to the DNA
Identification Act and the Criminal Code. The DNA Identification Act
amendments allow bodily substances, and the DNA profiles derived
from them, that are taken as a result of an order or authorization by a
military judge, to be included in the national DNA data bank. The
Criminal Code amendments extend the prohibition against
unauthorized use of bodily substances and the results of forensic DNA
analysis to include those obtained under the National Defence Act.
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Other amendments to the Criminal Code clarify and strengthen the
existing regime concerning the taking of bodily substances for the
purpose of forensic DNA analysis.
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EXPLANATORY NOTES |
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National Defence Act |
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Clause 1: New. The proposed provisions are similar to
sections 487.04 to 487.091 of the Criminal Code, as
amended by sections 15 to 23 of the DNA Identification
Act, chapter 37 of the Statutes of Canada, 1998.
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Clause 2: New. The relevant portion of section 230
reads as follows:
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230. Every person subject to the Code of Service Discipline has,
subject to subsection 232(3), the right to appeal to the Court Martial
Appeal Court from a court martial in respect of any of the following
matters:
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Clause 3: New. The relevant portion of section 230.1
reads as follows:
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230.1 The Minister, or counsel instructed by the Minister for that
purpose, has, subject to subsection 232(3), the right to appeal to the
Court Martial Appeal Court from a court martial in respect of any of the
following matters:
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DNA Identification Act |
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Clause 4: The definition ``designated offence'' in
section 2 reads as follows:
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``designated offence'' means a primary designated offence or a
secondary designated offence, within the meaning of section 487.04
of the Criminal Code.
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Clause 5: New. The relevant portion of section 4 reads
as follows:
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4. It is recognized and declared that
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Clause 6: Subsection 5(4) reads as follows:
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(4) The convicted offenders index shall contain DNA profiles
derived from bodily substances described in subsection 487.071(1) of
the Criminal Code.
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Clause 7: The relevant portion of subsection 6(1)
reads as follows:
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6. (1) On receipt of a DNA profile that is transmitted under
subsection 487.071(1) of the Criminal Code or under subsection 10(3)
for entry in the DNA data bank, the Commissioner shall compare it with
the DNA profiles in the data bank in order to determine whether it is
already contained in the data bank and may then communicate, for the
purposes of the investigation or prosecution of a criminal offence, the
following information to any Canadian law enforcement agency or
laboratory that the Commissioner considers appropriate:
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Clause 8: (1) Subsection 9(1) reads as follows:
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9. (1) Subject to subsection (2) and the Criminal Records Act,
information in the convicted offenders index shall be kept indefinitely.
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(2) The relevant portion of subsection 9(2) reads as
follows:
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(2) Access to the following information in the convicted offenders
index shall be permanently removed without delay after
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Clause 9: New.
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Clause 10: (1) Subsection 10(1) reads as follows:
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10. (1) When bodily substances are transmitted to the Commissioner
under subsection 487.071(2) of the Criminal Code, the Commissioner
shall, subject to this section, safely and securely store, for the purpose
of forensic DNA analysis, the portions of the samples of the bodily
substances that the Commissioner considers appropriate and without
delay destroy any remaining portions.
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(2) The relevant portion of subsection 10(7) reads as
follows:
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(7) The Commissioner shall nevertheless destroy the stored bodily
substances of a person without delay
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Clause 11: New.
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Clause 12: Section 13.1 and the heading before it are
new. Section 13 reads as follows:
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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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(2) This section is deemed to be repealed on the completion of the
review referred to in subsection (1).
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Criminal Code |
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Clause 13: New.
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Clause 14: Section 487.053 reads as follows:
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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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Clause 15: (1) Subsection 487.055(2) reads as
follows:
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(2) The application shall be accompanied by a certificate referred to
in paragraph 667(1)(a) establishing that the person is a person referred
to in paragraph (1)(a) or (b), as the case may be.
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(2) Subsection 487.055(3.1) reads as follows:
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(3.1) In deciding whether to grant an authorization under subsection
(1), the court shall consider the criminal record of the person, the nature
of the offence and the circumstances surrounding its commission and
the impact such an order would have on the person's privacy and
security of the person and shall give reasons for its decision.
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Clause 16: (1) Subsection 487.056(2) reads as
follows:
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(2) Samples of bodily substances referred to in section 487.055 shall
be taken as soon as is feasible after the authorization referred to in that
section is granted.
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(2) Subsection 487.056(3) reads as follows:
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(3) Samples of bodily substances referred to in sections 487.051,
487.052 and 487.055 shall be taken by a peace officer, or another person
acting under the direction of a peace officer, who is able, by virtue of
training or experience, to take them by means of the investigative
procedures described in subsection 487.06(1).
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Clause 17: The relevant portion of subsection
487.057(1) reads as follows:
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487.057 (1) A peace officer who is authorized to take, or cause to be
taken under the direction of the peace officer, samples of bodily
substances from a person 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 shall, as soon as is feasible after the samples have
been so taken, make a written report in Form 5.07 and cause the report
to be filed with
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Clause 18: Section 487.058 reads as follows:
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487.058 No peace officer or person acting under the direction of a
peace officer incurs any criminal or civil liability for anything
necessarily done with reasonable care and skill in the taking of samples
of bodily substances from a person 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.
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Clause 19: The relevant portion of subsection
487.06(1) reads as follows:
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487.06 (1) A peace officer or another person under the direction of
a peace officer is authorized to take samples of bodily substances from
a person by a warrant under section 487.05 or an order under section
487.051 or 487.052 or an authorization under section 487.055, by any
of the following means:
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Clause 20: (1) and (2) The relevant portion of
subsection 487.07(1) reads as follows:
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487.07 (1) Before taking samples of bodily substances from a
person, or causing samples of bodily substances to be taken from a
person under the direction of the peace officer, 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, a peace officer shall
inform the person from whom the samples are to be taken of
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(3) Subsection 487.07(3) reads as follows:
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(3) A peace officer who takes samples of bodily substances from a
person, or a person who takes such samples from the person under the
direction of a peace officer
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Clause 21: Subsection 487.071(1) reads as follows:
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487.071 (1) There shall be transmitted to the Commissioner of the
Royal Canadian Mounted Police for entry in the convicted offenders
index of the national DNA data bank established under the DNA
Identification Act the results of forensic DNA analysis of bodily
substances that are
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Clause 22: (1) Subsection 487.08(1) reads as follows:
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487.08 (1) No person shall use bodily substances that are taken from
a person in execution of a warrant under section 487.05 except
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(2) The relevant portion of subsection 487.08(1.1)
reads as follows:
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(1.1) No person shall use bodily substances that are taken from a
person in execution of an order under section 487.051 or 487.052 or
under an authorization under section 487.055 except
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(3) Subsections 487.08(2) and (2.1) read as follows:
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(2) No person shall use the results of forensic DNA analysis of bodily
substances that are taken from a person in execution of a warrant under
section 487.05 except
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(2.1) No person shall use the results of forensic DNA analysis of
bodily substances that are taken from a person in execution of an order
under section 487.051 or 487.052 or under an authorization under
section 487.055 except to transmit them to the Commissioner of the
Royal Canadian Mounted Police under subsection 487.071(1).
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Clause 23: Subsection 487.091(3) reads as follows:
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(3) The following provisions apply, with any modifications that the
circumstances require, in respect of an authorization under this section:
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Clause 24: New.
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