Bill C-18

An Act to amend the Criminal Code, the DNA Identification Act and the National Defence Act

Clause 2: (1) Text of subsection 1(5.1):

(5.1) Paragraph (a) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (xx):

(xxi) section 467.11 (participation in activities of criminal organization),

(xxii) section 467.12 (commission of offence for criminal organization), and

(xxiii) section 467.13 (instructing commission of offence for criminal organization),

(2) Text of subsection 1(6.1):

(6.1) Paragraph (a) of the definition “secondary designated offence” in section 487.04 of the Act is amended by adding the following before subparagraph (vi):

(i) section 145 (escape and being at large without excuse),

(ii) section 146 (permitting or assisting escape),

(iii) section 147 (rescue or permitting escape),

(iv) section 148 (assisting prisoner of war to escape),

Clause 3: Text of section 4:

4. Sections 487.052 and 487.053 of the Act are replaced by the following:

487.052 (1) If a person is convicted, found guilty under the Youth Criminal Justice Act or the Young Offenders Act, or discharged under section 730 of a designated offence committed before June 30, 2000, or found not criminally responsible on account of mental disorder for such a designated offence, the court may, on application by the prosecutor, make an order in Form 5.04 authorizing the taking from that person, for the purpose of forensic DNA analysis, of any number of samples of 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.

(2) In deciding whether to make the order, the court shall consider the person’s criminal record, whether they were previously found not criminally responsible on account of mental disorder for a designated offence, 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.

(3) The court may make an order in Form 5.031 to require the person to report at the place, day and time set out in the order and submit to the taking of samples of bodily substances for the purposes of subsection (1).

487.053 (1) The court may make an order under section 487.051 or 487.052 when it imposes a sentence on a person, finds the person not criminally responsible on account of mental disorder, or directs that they be discharged under section 730.

(2) If it is not possible to make the order under section 487.051 or 487.052 at the time referred to in subsection (1), the court may set a date and time for a subsequent hearing to determine whether to make the order. The court retains jurisdiction over the matter and may compel the attendance at the hearing of any person who may be subject to the order.

Clause 4: Text of section 7:

7. The Act is amended by adding the following after section 487.06:

487.0561 (1) A justice of the peace may issue a warrant for the arrest of a person who does not report at the place, day and time set out in an order referred to in subsection 487.056(1) to allow samples of bodily substances to be taken.

(2) The warrant must name or describe the person and order that they be arrested without delay to allow the samples to be taken.

(3) The warrant remains in force until it is executed.

Clause 5: Text of section 25:

25. Sections 196.15 and 196.16 of the Act are replaced by the following:

196.15 (1) If a person is found guilty of, or not responsible on account of mental disorder for, a designated offence committed before June 30, 2000, the court martial may, on application by the prosecutor, make an order in the prescribed form authorizing the taking from that person, for the purpose of forensic DNA analysis, of any number of samples of bodily substances that is reasonably required for that purpose, if the court martial is satisfied that it is in the best interests of the administration of justice to do so.

(2) In deciding whether to make the order, the court martial shall consider the nature of the offence and the circumstances surrounding its commission, any previous convictions by a service tribunal or civil court, any previous finding of not responsible on account of mental disorder for a designated offence, 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.

(3) The court martial may make an order in the prescribed form to require the person to report at the place, day and time set out in the order and submit to the taking of samples of bodily substances for the purposes of subsection (1).

196.16 The court martial may make an order under section 196.14 or 196.15

(a) when it imposes a sentence on a person for a designated offence or finds them not responsible on account of mental disorder for the offence; or

(b) if it is not possible to proceed at the time referred to in paragraph (a), at a date and time set upon adjournment of the proceedings.

196.161 (1) Before taking samples of bodily substances from a person under an order made under section 196.14 or 196.15 or an authorization made under section 196.24, a peace officer or a person acting under their direction shall verify whether the convicted offenders index of the national DNA data bank, established under the DNA Identification Act, contains a DNA profile of the person.

(2) If the person’s DNA profile is in the convicted offenders index of the national DNA data bank, the peace officer or person acting under their direction shall not take any bodily substances from the person but shall

(a) confirm in writing on the order or authorization that he or she has been advised that the person’s DNA profile is in the national DNA data bank; and

(b) transmit a copy of the endorsed order or authorization and any other information prescribed by regulations made under the DNA Identification Act to the Commissioner.

Clause 6: Text of section 30.1:

30.1 If Bill C-2, introduced in the 1st session of the 38th Parliament and entitled An Act to amend the Criminal Code (protection of children and other vulnerable persons) and the Canada Evidence Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 1 of the other Act and section 12 of this Act, the last paragraph of Form 5.031 in Part XXVIII of the Criminal Code is replaced by the following:

Subsection 127(1) of the Criminal Code states as follows:

127. (1) Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of

(a) an indictable offence and liable to imprisonment for a term not exceeding two years; or

(b) an offence punishable on summary conviction.

Criminal Code

Clause 7: Existing text of subsection 487.03(2):

(2) When an order or authorization referred to in section 487.051, 487.052, 487.055 or 487.091 is made or granted, and it may reasonably be expected to be executed in another province, a provincial court judge of that province may, on application, endorse the order or authorization in Form 28.1. Once the order or authorization is endorsed, it has the same force in that province as though it had originally been issued there.

Clause 8: (1) Relevant portion of the definition:

“forensic DNA analysis”

...

(b) in relation to a bodily substance that is provided voluntarily in the course of an investigation of a designated offence or taken from a person in execution of an order under section 487.051 or 487.052 or under an authorization under section 487.055 or 487.091, or a bodily substance referred to in paragraph 487.05(1)(b), means forensic DNA analysis of the bodily substance;

(2) Relevant portion of the definition:

“primary designated offence” means

(a) an offence under any of the following provisions, namely,

...

(xii) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel), and

(xiii) subsection 431.2(2) (explosive or other lethal device),

(3) to (5) Relevant portion of the definition:

“secondary designated offence” means an offence, other than a primary designated offence, that is

(a) an offence under this Act that is liable to a maximum sentence of five or more years imprisonment and may be prosecuted by indictment, and, for the application of section 487.051 or 487.052, is prosecuted by indictment,

(b) an offence under any of the following provisions of the Controlled Drugs and Substances Act that is liable to a maximum sentence of five or more years imprisonment and may be prosecuted by indictment, and, for the application of section 487.051 or 487.052, is prosecuted by indictment:

(i) section 5 (trafficking in substance and possession for purpose of trafficking),

(ii) section 6 (importing and exporting), and

(iii) section 7 (production of substance),

(c) an offence under any of the following provisions of this Act:

(i) subsection 160(3) (bestiality in the presence of or by child),

...

(e) an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit an offence referred to in any of paragraphs (a) to (d);

Clause 9: Text of section 487.051:

487.051 (1) If a person is convicted, found guilty under the Youth Criminal Justice Act or the Young Offenders Act, or discharged under section 730 of a designated offence, or found not criminally responsible on account of mental disorder for a designated offence, the court

(a) shall, subject to subsection (2), in the case of a primary designated offence other than one described in paragraph (b), make an order in Form 5.03 authorizing the taking from that person, for the purpose of forensic DNA analysis, of any number of samples of bodily substances that is reasonably required for that purpose, by means of the investigative procedures described in subsection 487.06(1); or

(b) may, in the case of a primary designated offence in respect of which a verdict of not criminally responsible on account of mental disorder has been rendered or in the case of a secondary designated offence, on application by the prosecutor, make an order in Form 5.04 authorizing the taking of such samples if the court is satisfied that it is in the best interests of the administration of justice to do so.

(2) The court is not required to make an order under paragraph (1)(a) in the case of an offence referred to in paragraph (a) or any of paragraphs (b) to (d) of the definition “primary designated offence” in section 487.04 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.

(3) In deciding whether to make an order under paragraph (1)(b), the court shall consider the person’s criminal record, whether the person was previously found not criminally responsible on account of mental disorder for a designated offence, 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.

(4) The court may make an order in Form 5.031 to require the person to report at the place, day and time set out in the order and submit to the taking of samples of bodily substances for the purposes of subsection (1).

Clause 10: Existing text of section 487.054:

487.054 The offender or the prosecutor may appeal from a decision of the court made under subsection 487.051(1) or 487.052(1).

Clause 11: (1) Relevant portion of subsection 487.055(1):

487.055 (1) A provincial court judge may, on ex parte application made in Form 5.05, authorize in Form 5.06 the taking, for the purpose of forensic DNA analysis, of any number of samples of bodily substances that is reasonably required for that purpose, by means of the investigative procedures described in subsection 487.06(1), from a person who, before June 30, 2000,

...

(d) had been convicted of a sexual offence within the meaning of subsection (3) and, on the date of the application, is serving a sentence of imprisonment of at least two years for that offence; or

(e) had been convicted of manslaughter and, on the date of the application, is serving a sentence of imprisonment of at least two years for that offence.

(2) New.

(3) Existing text of subsection 487.055(4):

(4) A summons shall be directed to a person referred to in subsection (1) who is on conditional release requiring the person to report at the place, day and time set out in the summons in order to submit to the taking from the person of samples of bodily substances under an authorization granted under that subsection and setting out the matters referred to in paragraphs 487.07(1)(b) to (e).

(4) Existing text of subsections 487.055(7) to (10):

(7) The text of subsection (8) shall be set out in the summons.

(8) If the person to whom a summons is directed does not report at the place, day and time set out in the summons, a justice of the peace may issue a warrant for the arrest of the person in order to allow the taking of samples of bodily substances from the person under the authorization.

(9) The warrant shall name or describe the person and order that the person be arrested without delay for the purpose of allowing the taking from them of samples of bodily substances under the authorization.

(10) A warrant issued under subsection (8) remains in force until it is executed and need not be made returnable at any particular time.

Clause 12: New.

Clause 13: (1) Text of subsection 487.056(1):

487.056 (1) Samples of bodily substances shall be taken from a person, even if an appeal is taken,

(a) on the day when a court makes an order under subsection 487.051(1) or 487.052(1);

(b) if the court is of the opinion that it is not possible for samples to be taken then, at a place, day and time set out in an order made under subsection 487.051(4) or 487.052(3); or

(c) if the person whose presence is required by an order described in paragraph (b) fails to appear, when the person is arrested pursuant to a warrant issued under section 487.0561, or as soon as possible afterwards.

(2) Existing text of subsections 487.056(2) and (3):

(2) Samples of bodily substances referred to in section 487.055 or 487.091 shall be taken as soon as is feasible after the authorization referred to in that section is granted.

(3) The samples 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.

Clause 14: (1) Existing text of subsection 487.057(1):

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 or 487.091 shall, as soon as is feasible after the samples have been taken, make a written report in Form 5.07 and cause the report to be filed with

(a) the provincial court judge who issued the warrant or granted the authorization, or another judge of that provincial court; or

(b) the court that made the order.

(2) New.

Clause 15: Existing text of section 487.058:

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 or 487.091.

Clause 16: (1) Relevant portion of subsection 487.06(1):

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 or 487.091, by any of the following means:

(2) Existing text of subsection 487.06(3):

(3) A peace officer, or any person acting under a peace officer’s direction, who is authorized to take samples of bodily substances from a person by an order under section 487.051 or 487.052 or an authorization under section 487.055 or 487.091 may take fingerprints from the person for the purpose of the DNA Identification Act.

Clause 17: Relevant portion of subsection 487.07(1):

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 a 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 or 487.091, the peace officer shall inform the person from whom the samples are to be taken of

Clause 18: (1) Text of subsection 487.071(1):

487.071 (1) Before taking samples of bodily substances from a person under an order made under section 487.051 or 487.052 or an authorization made under section 487.055 or 487.091, a peace officer or a person under their direction shall verify whether the convicted offenders index of the national DNA data bank, established under the DNA Identification Act, contains the person’s DNA profile.

(2) Relevant portion of subsection 487.071(2):

(2) If the person’s DNA profile is in the convicted offenders index of the national DNA data bank, the peace officer or person acting under their direction shall not take any bodily substances from the person but shall

...

(b) transmit a copy of the endorsed order or authorization and any other information prescribed by regulations made under the DNA Identification Act to the Commissioner of the Royal Canadian Mounted Police.

Clause 19: Text of subsection 487.08(1.1):

(1.1) No person shall use bodily substances that are taken in execution of an order under section 487.051 or 487.052 or section 196.14 or 196.15 of the National Defence Act, or under an authorization under section 487.055 or 487.091 or section 196.24 of the National Defence Act, except to transmit them to the Commissioner of the Royal Canadian Mounted Police for the purpose of forensic DNA analysis in accordance with the DNA Identification Act.

Clause 20: (1) to (3) Text of subsections 487.091(1) and (2):

487.091 (1) A provincial court judge may, on ex parte application made in Form 5.08, authorize in Form 5.09 the taking from a person, for the purpose of forensic DNA analysis, of any number of additional samples of bodily substances that is reasonably required for that purpose, by means of the investigative procedures described in subsection 487.06(1), if

(a) a DNA profile cannot be derived from the bodily substances that were taken from that person in execution of an order under section 487.051 or 487.052 or under an authorization under section 487.055; or

(b) the bodily substances and information required by regulations made under the DNA Identification Act were not transmitted in accordance with the requirements of the regulations or were lost.

(2) The application shall state the reasons why a DNA profile cannot be derived from the bodily substances or why the bodily substances and information were not transmitted in accordance with the regulations or were lost.

(4) Existing text of subsection 487.091(3):

(3) Subsections 487.055(4) to (10) apply, with any modifications that the circumstances require and without regard to the words “referred to in subsection (1) who is on conditional release” in subsection 487.055(4), in respect of any person who is not in custody and from whom bodily substances are authorized to be taken under this section.

Clause 21: (1) Text of subsection 487.0911(1):

487.0911 (1) On receipt of a notice from the Commissioner of the Royal Canadian Mounted Police under subsection 5.2(1) of the DNA Identification Act that an order made under section 487.051 or 487.052, or an authorization made under section 487.091, appears to be defective, the Attorney General shall review the order or authorization and the court record.

(2) Relevant portion of subsection 487.0911(2):

(2) If, in the opinion of the Attorney General, the defect is due to a clerical error, the Attorney General shall

(3) Text of subsection 487.0911(3):

(3) If, in the opinion of the Attorney General, the offence to which the order or authorization relates is not a designated offence, the Attorney General shall

(a) apply, ex parte, to a judge of the court of appeal for an order revoking the order or authorization; and

(b) if the order or authorization is revoked, transmit a copy of the order revoking it to the Commissioner.

Clause 22: Existing text of subsection 703(2):

(2) Notwithstanding any other provision of this Act but subject to subsection 705(3), a warrant of arrest or committal that is issued by a justice or provincial court judge may be executed anywhere in the province in which it is issued.

Clause 23: Text of Forms 5.03 to 5.06:

FORM 5.03

(Paragraph 487.051(1)(a))

ORDER AUTHORIZING 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) 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, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of (offence), an offence that is a primary designated offence within the meaning of section 487.04 of the Criminal Code;

Therefore, you are authorized to take from (name of offender) 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 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 order 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 judge of the court)

FORM 5.031

(Subsections 487.051(4) and 487.052(3))

ORDER TO A PERSON SUBJECT TO A DNA DATA BANK ORDER

Canada,

Province of ................

(territorial division)

To A.B., of ................ ,

Whereas you have this day been made subject to an order to take from you the number of samples of bodily substances that are reasonably required for forensic DNA analysis;

This is therefore to command you, in Her Majesty’s name to appear on ................ , the ................ day of ................ , A.D. ........ , at ............ o’clock in the ........ noon, at ................ , for the purposes of the taking of bodily substances by means of the investigative procedures set out in subsection 487.06(1) of the Criminal Code.

You are warned that failure to appear in accordance with this order may result in a warrant being issued for your arrest under subsection 487.0561(1) of the Criminal Code. You are also warned that failure to appear, without lawful excuse, is an offence under subsection 127(1) of that Act.

Subsection 487.0561(1) of the Criminal Code states as follows:

487.0561 (1) A justice of the peace may issue a warrant for the arrest of a person who does not report at the place, day and time set out in an order referred to in subsection 487.056(1) to allow samples of bodily substances to be taken.

Subsection 127(1) of the Criminal Code states as follows:

127. (1) Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Dated this ................ day of ................ , A.D. ........ , at ................ .

...........................................

(Signature of judge of the court)

FORM 5.04

(Paragraph 487.051(1)(b) and subsection 487.052(1))

ORDER AUTHORIZING 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), in this order called the “offender”, has

(a) been found not criminally responsible on account of mental disorder for an offence that is a primary designated offence within the meaning of section 487.04 of the Criminal Code, or

(b) 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, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, of (offence), or found not criminally responsible on account of mental disorder for that offence, an offence that is

(i) a secondary designated offence within the meaning of section 487.04 of the Criminal Code, or

(ii) a designated offence within the meaning of section 487.04 of the Criminal Code committed before June 30, 2000;

Whereas I have considered the offender’s criminal record, the nature of the offence and the circumstances surrounding its commission, whether the offender was previously found not criminally responsible on account of mental disorder for a designated offence, and the impact that this order would have on the offender’s privacy and security of the person;

And whereas I am satisfied that it is in the best interests of the administration of justice to make this order;

Therefore, you are authorized to take from (name of offender) 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 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 order 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 judge of the court)

FORM 5.05

(Subsection 487.055(1))

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), before June 30, 2000,

(a) had been declared a dangerous offender under Part XXIV of the Criminal Code,

(b) had been declared a dangerous offender or a dangerous sexual offender under Part XXI of the Criminal Code, being chapter C-34 of the Revised Statutes of Canada, 1970, as it read from time to time before January 1, 1988,

(c) had been convicted of more than one murder committed at different times,

(d) 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, or

(e) had been convicted of a murder and a sexual offence within the meaning of subsection 487.055(3) of the Criminal Code committed at different times;

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), before June 30, 2000,

(a) had been declared a dangerous offender under Part XXIV of the Criminal Code,

(b) had been declared a dangerous offender or a dangerous sexual offender under Part XXI of the Criminal Code, being chapter C-34 of the Revised Statutes of Canada, 1970, as it read from time to time before January 1, 1988,

(c) had been convicted of more than one murder committed at different times,

(d) 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, or

(e) had been convicted of a murder and a sexual offence within the meaning of subsection 487.055(3) of the Criminal Code committed at different times;

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 the Criminal Code;

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)

Clause 24: Existing text of Form 5.07:

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)

Clause 25: Text of Forms 5.08 and 5.09:

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) a DNA profile cannot be derived from the samples for the following reasons:

(b) the bodily substances and information required by regulations made under the DNA Identification Act were not transmitted in accordance with the requirements of the regulations or were lost 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) a DNA profile could not be derived from the samples for the following reasons:

(b) the bodily substances and information required by regulations made under the DNA Identification Act were not transmitted in accordance with the requirements of the regulations or were lost 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 the Criminal Code;

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)