Bill S-10
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| Duty to
inform
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196.21 (1) Before taking samples of bodily
substances, or directing them to be taken, in
execution of a warrant under section 196.12 or
196.13, an order under section 196.14 or
196.15 or an authorization under section
196.24, a peace officer shall inform the person
from whom the samples are to be taken of
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| Detention of
person
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(2) A person from whom samples of bodily
substances are to be taken may, for that
purpose, be detained for a period that is
reasonable in the circumstances and be
required to accompany a peace officer.
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| Respect of
privacy
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(3) A peace officer, or any person acting
under a peace officer's direction, who takes
samples of bodily substances from a person
shall ensure that the person's privacy is
respected in a manner that is reasonable in the
circumstances.
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| Transmission
of results to
Commission- er
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196.22 (1) There shall be transmitted to the
Commissioner 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 taken in execution of an
order under section 196.14 or 196.15 or an
authorization under section 196.24.
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| Transmission
of bodily
substances
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(2) Any portions of samples of bodily
substances that are not used in forensic DNA
analysis shall be transmitted to the
Commissioner for the purposes of the DNA
Identification Act.
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| Destruction of
bodily
substances,
etc.
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196.23 (1) Subject to subsection (2), bodily
substances that are taken from a person in
execution of a warrant under section 196.12
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
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| Exception
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(2) A military 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 judge
considers appropriate if the judge is satisfied
that they 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.
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| Destruction of
bodily
substances,
etc.,
voluntarily
given
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(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 the analysis
establish that the bodily substance referred to
in paragraph 196.12(1)(b) was not from that
person.
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| Collection of
additional
bodily
substances
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196.24 (1) If a DNA profile could not be
derived from the bodily substances that were
taken in execution of an order under section
196.14 or 196.15, a military judge may, on ex
parte application in the prescribed form,
within a reasonable time after it is determined
that the DNA profile could not be derived,
authorize, in the prescribed form, the taking of
any number of additional samples of bodily
substances that is required for the purpose of
forensic DNA analysis.
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| Reasons
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(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.
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| Collection
under
authorization
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(3) Samples of bodily substances shall be
taken, as soon as is feasible after the
authorization is granted, by
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| Order denying
access to
information
used to obtain
a warrant
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196.25 (1) A military judge may, on
application made at the time of issuing a
warrant, make an order prohibiting access to
and the disclosure of any information relating
to the warrant on the ground that
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| Reasons
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(2) For the purpose of paragraph (1)(a), an
order may be made under subsection (1) on the
ground that the ends of justice would be
subverted by the disclosure
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| Procedure
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(3) If an order is made under subsection (1),
all documents relating to the application shall,
subject to any terms and conditions that the
military judge considers desirable in the
circumstances, including terms and
conditions concerning the duration of the
prohibition, partial disclosure of a document,
deletion of any information or the occurrence
of a condition, be placed in a packet and sealed
by the military judge immediately on
determination of the application, and that
packet shall be kept in the custody of the Court
Martial Administrator in a place to which the
public has no access or in any other place that
the judge may authorize and shall not be dealt
with except in accordance with the terms and
conditions specified in the order or as varied
under subsection (4).
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| Application
for variance
of order
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(4) An application to terminate the order or
vary any of its terms and conditions may be
made to the military judge who made the order
or to another military judge.
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2. Section 230 of the Act is amended by
striking out the word ``or'' at the end of
paragraph (d), by adding the word ``or'' at
the end of paragraph (e) and by adding the
following after paragraph (e):
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3. Section 230.1 of the Act is amended by
striking out the word ``or'' at the end of
paragraph (e), by adding the word ``or'' at
the end of paragraph (f) and by adding the
following after paragraph (f):
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| 1998, c. 37
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DNA IDENTIFICATION ACT |
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4. The definition ``designated offence'' in
section 2 of the DNA Identification Act is
replaced by the following:
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| ``designa- ted offence'' « infraction désignée »
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``designated offence'' means a designated
offence within the meaning of section
487.04 of the Criminal Code or section
196.11 of the National Defence Act.
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5. Section 4 of the Act is amended by
striking out the word ``and'' at the end of
paragraph (a), by renumbering paragraph
(b) as paragraph (c) and by adding the
following after paragraph (a):
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6. Subsection 5(4) of the Act is replaced
by the following:
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| Convicted
offenders
index
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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, subsection 196.22(1) of
the National Defence Act.
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7. The portion of subsection 6(1) of the
Act before paragraph (a) is replaced by the
following:
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| Communica- tion of information
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6. (1) On receipt of a DNA profile that is
transmitted under subsection 487.071(1) of
the Criminal Code, subsection 196.22(1) of
the National Defence Act or 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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8. (1) Subsection 9(1) of the Act is
replaced by the following:
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| Information to
be kept
indefinitely
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9. (1) Subject to subsection (2), section 9.1
and the Criminal Records Act, information in
the convicted offenders index shall be kept
indefinitely.
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(2) Subsection 9(2) of the Act is amended
by adding the word ``and'' at the end of
paragraph (a) and by repealing paragraphs
(c) to (e).
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9. The Act is amended by adding the
following after section 9:
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| Young
offenders -
access to
information
removed
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9.1 (1) Access to information in the
convicted offenders index in relation to a
young person who has been found guilty of a
designated offence under the Young Offenders
Act shall be permanently removed without
delay when the last part of the record in
relation to the same offence is required to be
destroyed under subsection 45(2), 45.02(3) or
45.03(3) of the Young Offenders Act.
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| Exception
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(2) Section 9 nevertheless applies to
information in the convicted offenders index
in relation to a young person's record to which
section 45.01 or subsection 45.02(2) of the
Young Offenders Act applies.
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10. (1) Subsection 10(1) of the Act is
replaced by the following:
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| Storage of
bodily
substances
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10. (1) When bodily substances are
transmitted to the Commissioner under
subsection 487.071(2) of the Criminal Code
or subsection 196.22(2) of the National
Defence Act, the Commissioner shall, subject
to this section and section 10.1, 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) Subsection 10(7) of the Act is amended
by adding the word ``and'' at the end of
paragraph (a) and by repealing paragraphs
(c) to (e).
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11. The Act is amended by adding the
following after section 10:
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| Young
offenders -
destruction of
bodily
substances
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10.1 (1) The Commissioner shall, without
delay, destroy stored bodily substances of a
young person who has been found guilty of a
designated offence under the Young Offenders
Act when the last part of the record in relation
to the same offence is required to be destroyed
under subsection 45(2), 45.02(3) or 45.03(3)
of the Young Offenders Act.
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| Exception
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(2) Subsections 10(6) and (7) nevertheless
apply to the destruction of stored bodily
substances of a young person relating to a
record to which section 45.01 or subsection
45.02(2) of the Young Offenders Act applies.
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12. Section 13 of the Act is replaced by the
following:
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| Review of Act
by Parliamen- tary committee
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13. Within five years after this Act comes
into force, a review of the provisions and
operation of this Act shall be undertaken by
any committee of the Senate, of the House of
Commons or of both Houses of Parliament
that is designated or established for that
purpose.
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REPORT TO PARLIAMENT |
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| Annual report
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13.1 (1) The Commissioner shall, within
three months after the end of each fiscal year,
submit to the Solicitor General a report on the
operations of the national DNA data bank for
the year.
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| Tabling in
Parliament
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(2) The Solicitor General shall cause the
report of the Commissioner to be tabled in
each House of Parliament on any of the first 15
days on which that House is sitting after the
Solicitor General receives it.
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| R.S., c. C-46
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CRIMINAL CODE |
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| 1995, c. 27,
s. 1
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13. Section 487.03 of the Criminal Code is
renumbered as subsection 487.03(1) and is
amended by adding the following:
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| Execution in
another
province -
taking of
bodily
substances
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(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.
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14. Section 487.053 of the Act, as enacted
by section 17 of the DNA Identification Act,
chapter 37 of the Statutes of Canada, 1998,
is replaced by the following:
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| No order
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487.053 An order shall not be made under
section 487.051 or 487.052 if the prosecutor
advises the court that the national DNA data
bank, established under the DNA
Identification Act, contains a DNA profile,
within the meaning of section 2 of that Act, of
the person or young person in question.
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15. (1) Subsection 487.055(2) of the Act,
as enacted by section 17 of the DNA
Identification Act, chapter 37 of the Statutes
of Canada, 1998, is replaced by the
following:
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| Certificate
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(2) The application shall be accompanied
by a certificate referred to in paragraph
667(1)(a) that establishes that the person is a
person referred to in subsection (1). The
certificate may be received in evidence
without giving the notice referred to in
subsection 667(4).
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(2) Subsection 487.055(3.1) of the English
version of the Act, as enacted by section 17
of the DNA Identification Act, chapter 37 of
the Statutes of Canada, 1998, is replaced by
the following:
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| Criteria
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(3.1) In deciding whether to grant an
authorization under subsection (1), the court
shall consider the person's criminal record,
the nature of the offence and the
circumstances surrounding its commission
and the impact such an authorization would
have on the privacy and security of the person
and shall give reasons for its decision.
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16. (1) Subsection 487.056(2) of the Act,
as enacted by section 17 of the DNA
Identification Act, chapter 37 of the Statutes
of Canada, 1998, is replaced by the
following:
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| Collection
under
authorization
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(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.
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(2) Subsection 487.056(3) of the English
version of the Act, as enacted by section 17
of the DNA Identification Act, chapter 37 of
the Statutes of Canada, 1998, is replaced by
the following:
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| Who collects
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(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.
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17. The portion of subsection 487.057(1)
of the Act before paragraph (a), as enacted
by section 17 of the DNA Identification Act,
chapter 37 of the Statutes of Canada, 1998,
is replaced by the following:
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| Report of
peace officer
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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 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
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18. Section 487.058 of the Act, as enacted
by section 17 of the DNA Identification Act,
chapter 37 of the Statutes of Canada, 1998,
is replaced by the following:
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| No criminal
or civil
liability
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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 or
487.091.
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19. (1) The portion of subsection
487.06(1) of the Act before paragraph (a),
as enacted by subsection 18(1) of the DNA
Identification Act, chapter 37 of the Statutes
of Canada, 1998, is replaced by the
following:
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| Investigative
procedures
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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 or 487.091, by any of the
following means:
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