;

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

Exception	(2) A provincial court judge may order that the bodily substances that are taken from a person and the results of forensic DNA analysis not be destroyed during any period that the provincial court judge considers appropriate if the provincial court judge is satisfied that the bodily substances or results might reasonably be required in an investigation or prosecution of the person for another designated offence or of another person for the designated offence or any other offence in respect of the same transaction.
	(3) Bodily substances that are provided voluntarily by a person, and the results of forensic DNA analysis shall be destroyed, or, in the case of results in electronic form, access to those results shall be permanently removed, without delay after the results of that analysis establish that the bodily substance referred to in paragraph 487.05(1)(b) was not from that person.
	23. The Act is amended by renumbering section 487.091 as section 487.092 and by adding the following before the renumbered section 487.092 :
Collection of additional bodily substances	487.091 (1) If a DNA profile could not be derived from the bodily substances that were taken from a person in execution of an order under section 487.051 or 487.052 or under an authorization under section 487.055, a provincial court judge may, on ex parte application made in Form 5.08 within a reasonable time after it is determined that the DNA profile could not be derived, grant an authorization in Form 5.09 authorizing the taking, from that person, for the purpose of forensic DNA analysis, of any number of additional samples of bodily substances that is required for that purpose, by means of the investigative procedures described in subsection 487.06(1).
Reasons	(2) The application shall state the reasons why a DNA profile could not be derived from the bodily substances that were taken from the person under the initial order or authorization.
Application of certain provisions	(3) The following provisions apply, with any modifications that the circumstances require, in respect of an authorization under this section:
	(a) subsections 487.055(4) to (10);
	(b) subsections 487.056(2) and (3);
	(c) sections 487.057, 487.058 and 487.06;
	(d) subsections 487.07(1) to (3);
	(e) section 487.071; and
	(f) subsections 487.08(1.1), (2.1) and (4).
	24. The Act is amended by adding the following after Form 5:
	FORM 5.01
	(Subsection 487.05(1))
	INFORMATION TO OBTAIN A WARRANT TO TAKE BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS
	Canada, Province of ................ (territorial division)
	This is the information of (name of peace officer), (occupation), of ....... in the said (territorial division), hereinafter called the informant, taken before me.
	The informant says that he or she has reasonable grounds to believe
	(a) that (offence), a designated offence within the meaning of section 487.04 of the Criminal Code, has been committed;
	(b) that a bodily substance has been found
	(i) at the place where the offence was committed,
	(ii) on or within the body of the victim of the offence,
	(iii) on anything worn or carried by the victim at the time when the offence was committed, or
	(iv) on or within the body of any person or thing or at any place associated with the commission of the offence;
	(c) that (name of person) was a party to the offence; and
	(d) that forensic DNA analysis of a bodily substance from (name of person) will provide evidence about whether the bodily substance referred to in paragraph (b) was from that person.
	The reasonable grounds are:
	The informant therefore requests that a warrant be issued authorizing the taking from (name of person) of 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.
	Sworn to before me this ................ day of .........., A.D. ........, at ................ .
	................................. (Signature of informant)
	........................................ (Signature of provincial court judge)
	FORM 5.02
	(Subsection 487.05(1))
	WARRANT AUTHORIZING THE TAKING OF BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS
	Canada, Province of ................ (territorial division)
	To the peace officers in (territorial division):
	Whereas it appears on the oath of (name of peace officer) of ...... in the said (territorial division), that there are reasonable grounds to believe
	(a) that (offence), a designated offence within the meaning of section 487.04 of the Criminal Code, has been committed,
	(b) that a bodily substance has been found
	(i) at the place where the offence was committed,
	(ii) on or within the body of the victim of the offence,
	(iii) on anything worn or carried by the victim at the time when the offence was committed, or
	(iv) on or within the body of any person or thing or at any place associated with the commission of the offence,
	(c) that (name of person) was a party to the offence, and
	(d) that forensic DNA analysis of a bodily substance from (name of person) will provide evidence about whether the bodily substance referred to in paragraph (b) was from that person;
	And whereas I am satisfied that it is in the best interests of the administration of justice to issue this warrant;
	This is therefore to authorize and require you to take from (name of person) 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 warrant 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 5.03
	(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 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 5.04
	(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 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 of (offence), an offence that is
	(a) a secondary designated offence within the meaning of section 487.04 of the Criminal Code, or
	(b) a designated offence within the meaning of section 487.04 of the Criminal Code committed before subsection 5(1) of the DNA Identification Act came into force;
	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 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))