Bill S-10
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
|
(2) Section 487.06 of the Act is amended
by adding the following after subsection (2):
|
|
| Fingerprints
|
(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.
|
|
|
|
20. (1) The portion of subsection
487.07(1) of the Act before paragraph (a),
as enacted by section 19 of the DNA
Identification Act, chapter 37 of the Statutes
of Canada, 1998, is replaced by the
following:
|
|
| Duty to
inform
|
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
|
|
|
|
(2) Subsection 487.07(1) of the Act, as
enacted by section 19 of the DNA
Identification Act, chapter 37 of the Statutes
of Canada, 1998, is amended by adding the
word ``and'' at the end of paragraph (d) and
by repealing paragraph (d.1).
|
|
|
|
(3) Subsection 487.07(3) of the Act, as
enacted by section 19 of the DNA
Identification Act, chapter 37 of the Statutes
of Canada, 1998, is replaced by the
following:
|
|
| Respect of
privacy
|
(3) A peace officer who takes samples of
bodily substances from a person, or a person
who takes such samples under the direction of
a peace officer, shall ensure that the person's
privacy is respected in a manner that is
reasonable in the circumstances.
|
|
|
|
21. Subsection 487.071(1) of the Act, as
enacted by section 20 of the DNA
Identification Act, chapter 37 of the Statutes
of Canada, 1998, is replaced by the
following:
|
|
| Transmission
of results to
Commission- er
|
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 taken in execution of an
order under section 487.051 or 487.052 or an
authorization under section 487.055 or
487.091.
|
|
|
|
22. (1) Subsection 487.08(1) of the Act, as
enacted by subsection 21(1) of the DNA
Identification Act, chapter 37 of the Statutes
of Canada, 1998, is replaced by the
following:
|
|
| Use of bodily
substances -
warrant
|
487.08 (1) No person shall use bodily
substances that are taken in execution of a
warrant under section 487.05 or under section
196.12 of the National Defence Act except to
use them for the purpose of forensic DNA
analysis in the course of an investigation of a
designated offence.
|
|
|
|
(2) The portion of subsection 487.08(1.1)
of the Act before paragraph (a), as enacted
by subsection 21(1) of the DNA
Identification Act, chapter 37 of the Statutes
of Canada, 1998, is replaced by the
following:
|
|
| Use of bodily
substances -
order,
authorization
|
(1.1) No person shall use bodily substances
that are taken in execution of an order under
section 487.051 or 487.052, under an
authorization under section 487.055 or
487.091, in execution of an order under
section 196.14 or 196.15 of the National
Defence Act, or under an authorization under
section 196.24 of that Act except
|
|
|
|
(3) Subsections 487.08(2) and (2.1) of the
Act, as enacted by subsection 21(1) of the
DNA Identification Act, chapter 37 of the
Statutes of Canada, 1998, are replaced by
the following:
|
|
| Use of
results -
warrant
|
(2) No person shall use the results of
forensic DNA analysis of bodily substances
that are taken in execution of a warrant under
section 487.05 or under section 196.12 of the
National Defence Act except
|
|
|
|
|
|
|
|
|
|
| Use of
results -
order,
authorization
|
(2.1) No person shall use the results of
forensic DNA analysis of bodily substances
that are taken in execution of an order under
section 487.051 or 487.052 or under an
authorization under section 487.055 or
487.091, or in execution of an order under
section 196.14 or 196.15 of the National
Defence Act, or under an authorization under
section 196.24 of that Act, except to transmit
them to the Commissioner of the Royal
Canadian Mounted Police.
|
|
|
|
23. Subsection 487.091(3) of the Act, as
enacted by section 23 of the DNA
Identification Act, chapter 37 of the Statutes
of Canada, 1998, is replaced by the
following:
|
|
| Persons not in
custody
|
(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.
|
|
|
|
24. Part XXVIII of the Act is amended by
adding the following after Form 28:
|
|
|
|
FORM 28.1
|
|
|
|
(Subsection 487.03(2))
|
|
|
|
ENDORSEMENT (ORDER OR
AUTHORIZATION)
|
|
|
|
Canada,
|
|
|
|
Province of ............,
|
|
|
|
(territorial division).
|
|
|
|
Pursuant to application this day made to me,
I hereby authorize the execution of this order,
in the case of an order issued under section
487.051 or 487.052 (or execution of this
authorization in the case of an authorization
issued under section 487.055 or 487.091),
within the said (territorial division).
|
|
|
|
Dated this ........ day of ......... A.D. ........, at ............
|
|
|
|
....................... Judge of the Provincial Court
|
|
|
|
CONDITIONAL AMENDMENTS |
|
| Youth
Criminal
Justice Act
|
25. (1) If Bill C-3, introduced in the 2nd
session of the 36th Parliament and entitled
the Youth Criminal Justice Act (the ``other
Act''), receives royal assent, then the
provisions mentioned in subsections (2) to
(7) are amended as provided in those
subsections.
|
|
|
|
(2) If subsection 8(2) of this Act comes
into force before section 187 of the other
Act, section 187 of the other Act is repealed.
|
|
|
|
(3) On the later of the coming into force
of section 9 of this Act and subsection 127(3)
of the other Act, section 9.1 of the DNA
Identification Act is replaced by the
following:
|
|
| Young
offenders -
access to
information
removed
|
9.1 (1) Access to information in the
convicted offenders index in relation to a
young person who has been found guilty under
the Young Offenders Act, chapter Y-1 of the
Revised Statutes of Canada, 1985, or under
the Youth Criminal Justice Act, of a designated
offence shall be permanently removed
without delay when the record in relation to
the same offence is required to be destroyed or
transmitted to the National Archivist of
Canada under subsection 127(3) of the Youth
Criminal Justice Act.
|
|
| Exception
|
(2) Section 9 nevertheless applies to
information in the convicted offenders index
in relation to
|
|
|
|
|
|
|
|
|
|
|
|
(4) If subsection 10(2) of this Act comes
into force before section 188 of the other
Act, section 188 of the other Act is repealed.
|
|
|
|
(5) On the later of the coming into force
of section 11 of this Act and subsection
127(3) of the other Act, section 10.1 of the
DNA Identification Act is replaced by the
following:
|
|
| Young
offenders -
destruction of
bodily
substances
|
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, chapter Y-1 of the Revised Statutes of
Canada, 1985, or under the Youth Criminal
Justice Act when the record in relation to the
same offence is required to be destroyed or
transmitted to the National Archivist of
Canada under subsection 127(3) of that Act.
|
|
| Exception
|
(2) Subsections 10(6) and (7) nevertheless
apply to the destruction of stored bodily
substances relating to
|
|
|
|
|
|
|
|
|
|
|
|
(6) If section 14 of this Act comes into
force before section 177 of the other Act,
section 177 of the other Act is repealed.
|
|
|
|
(7) If section 21 of this Act comes into
force before section 179 of the other Act,
section 179 of the other Act is repealed.
|
|
|
|
COMING INTO FORCE |
|
|
|
26. The provisions of this Act, other than
section 25, and the provisions of any Act
that are enacted by this Act, come into force
on a day or days to be fixed by order of the
Governor in Council.
|
|