Marginal note:Review by Attorney General
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 an authorization granted under section 487.091 appears to be defective, the Attorney General shall review the order or authorization and the court record.
Marginal note:Clerical error
(2) If the Attorney General is of the opinion that the defect is due to a clerical error, the Attorney General shall
(a) apply, ex parte, to the judge who made the order or authorization, or to a judge of the same court, to have it corrected; and
(b) transmit a copy of the corrected order or authorization, if any, to the Commissioner.
Marginal note:Substantive defect
(3) If the Attorney General is of the opinion that the offence referred to in the order or authorization is not a designated offence, the Attorney General shall inform the Commissioner of that opinion.
Marginal note:No defect
(4) If the Attorney General is of the opinion that the offence referred to in the order or authorization is a designated offence, the Attorney General shall transmit that opinion, with written reasons, to the Commissioner.
- 2005, c. 25, s. 11;
- 2007, c. 22, s. 21.
Marginal note:Information for impression warrant
487.092 (1) A justice may issue a warrant in writing authorizing a peace officer to do any thing, or cause any thing to be done under the direction of the peace officer, described in the warrant in order to obtain any handprint, fingerprint, footprint, foot impression, teeth impression or other print or impression of the body or any part of the body in respect of a person if the justice is satisfied
(a) by information on oath in writing that there are reasonable grounds to believe that an offence against this or any other Act of Parliament has been committed and that information concerning the offence will be obtained by the print or impression; and
(b) that it is in the best interests of the administration of justice to issue the warrant.
Marginal note:Search or seizure to be reasonable
(2) A warrant issued under subsection (1) shall contain such terms and conditions as the justice considers advisable to ensure that any search or seizure authorized by the warrant is reasonable in the circumstances.
Marginal note:Provisions to apply
(3) Subsections 487(2) and (4) apply, with such modifications as the circumstances require, to a warrant issued under subsection (1).
(4) Where a peace officer believes that it would be impracticable to appear personally before a justice to make an application for a warrant under this section, a warrant may be issued under this section on an information submitted by telephone or other means of telecommunication and, for that purpose, section 487.1 applies, with such modifications as the circumstances require, to the warrant.
- 1997, c. 18, s. 45;
- 1998, c. 37, s. 23.
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