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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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