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An Act to amend certain Acts in relation to DNA identification (S.C. 2007, c. 22)

Assented to 2007-06-22

R.S., c. C-46CRIMINAL CODE

Marginal note:1998, c. 37, s. 24

24. Form 5.07 in Part XXVIII of the Act is replaced by the following:

FORM 5.07(Subsection 487.057(1))REPORT TO A PROVINCIAL COURT JUDGE OR THE COURT

Canada

Province of ................

(territorial division)

[ ] To (name of judge), a judge of the provincial court who issued a warrant under section 487.05 or granted an authorization under section 487.055 or 487.091 of the Criminal Code or to another judge of that court:

[ ] To the court that made an order under section 487.051 of the Criminal Code:

I (name of peace officer), declare that (state here whether the samples were taken under a warrant issued under section 487.05, an order made under section 487.051 or an authorization granted under section 487.055 or 487.091 of theCriminal Code).

I have (state here whether you took the samples yourself or caused them to be taken under your direction) from (name of offender) the number of samples of bodily substances that I believe is reasonably required for forensic DNA analysis, in accordance with (state whether the samples were taken under a warrant issued or an authorization granted by the judge or another judge of the court or an order made by the court).

The samples were taken on the ... day of ..........., A.D. ......, at .......... o’clock.

I (or state the name of the person who took the samples) took the following samples from (name of offender) in accordance with subsection 487.06(1) of the Criminal Code and was able, by virtue of training or experience, to do so (check applicable box):

[ ]individual hairs, including the root sheath
[ ]epithelial cells taken by swabbing the lips, tongue or inside cheeks of the mouth
[ ]blood taken by pricking the skin surface with a sterile lancet

Any terms or conditions in the (warrant, order or authorization) have been complied with.

Dated this ................ day of ................ A.D. ........, at ................ .

........................................

(Signature of peace officer)

25. Forms 5.08 and 5.09 in Part XXVIII of the Act, as enacted by section 13 of the other Act, are replaced by the following:

FORM 5.08(Subsection 487.091(1))APPLICATION FOR AN AUTHORIZATION TO TAKE ADDITIONAL SAMPLES OF BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS

Canada

Province of ................

(territorial division)

I (name of peace officer), (occupation), of .......... in (territorial division), apply for an authorization to take additional samples of bodily substances for forensic DNA analysis.

Whereas samples of bodily substances were taken from (name of offender) for the purpose of forensic DNA analysis under an order made under section 487.051, or an authorization granted under section 487.055, of the Criminal Code (attach a copy of the order or authorization);

And whereas on (day/month/year) it was determined that

  • (a) a DNA profile could not be derived from the samples for the following reasons:

  • (b) the information or bodily substances required by regulations made under the DNA Identification Act were not transmitted in accordance with the requirements of the regulations or were lost for the following reasons:

Therefore, I request that an authorization be granted under subsection 487.091(1) of the Criminal Code to take from (name of offender) the number of additional samples of bodily substances that is 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 that, if the person taking the samples is not a peace officer, they take them under the direction of a peace officer.

Dated this .... day of ........ , A.D. ........ , at ............... .

.........................................

(Signature of applicant)

FORM 5.09(Subsection 487.091(1))AUTHORIZATION TO TAKE ADDITIONAL SAMPLES OF BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS

Canada

Province of ................

(territorial division)

To the peace officers in (territorial division):

Whereas samples of bodily substances were taken from (name of offender) for the purpose of forensic DNA analysis under an order made under section 487.051 or an authorization granted under section 487.055, of the Criminal Code;

Whereas on (day/month/year) it was determined that

  • (a) a DNA profile could not be derived from the samples for the following reasons:

  • (b) the information or bodily substances required by regulations made under the DNA Identification Act were not transmitted in accordance with the requirements of the regulations or were lost for the following reasons:

And whereas (name of peace officer), a peace officer in (territorial division), has applied for an authorization to take the number of additional samples of bodily substances from (name of offender) that is reasonably required for forensic DNA analysis by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code;

Therefore, you are authorized to take those additional samples, or cause them to be taken, from (name of offender), 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 that, if the person taking the samples is not a peace officer, they take them under the direction of a peace officer.

This authorization 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)

Marginal note:2000, c. 10, s. 24

26. Form 28.1 in Part XXVIII of the Act is repealed.

1998, c. 37DNA IDENTIFICATION ACT

27. The definition “order” in section 2 of the DNA Identification Act, as enacted by subsection 14(2) of the other Act, is replaced by the following:

“order”

« ordonnance »

“order” means an order made under section 487.051 of the Criminal Code or section 196.14 of the National Defence Act.

28. Subsection 5(4) of the Act, as enacted by section 15 of the other Act, is replaced by the following:

  • Marginal note:Convicted offenders index

    (4) The convicted offenders index shall contain DNA profiles derived from bodily substances that are taken under orders and authorizations.

Marginal note:2005, c. 25, s. 16

29. Subsection 5.1(3) of the Act is replaced by the following:

  • Marginal note:Retention of order or authorization

    (3) The Commissioner shall retain the copy of the order or authorization transmitted under subsection 487.071(2) of the Criminal Code or subsection 196.22(2) of the National Defence Act.

Marginal note:2005, c. 25, s. 16

30. Subsection 5.2(3) of the Act is replaced by the following:

  • Marginal note:Substantive defect

    (3) If the Attorney General or the Director of Military Prosecutions, as the case may be, informs the Commissioner that the offence referred to in the order or authorization is not a designated offence, the Commissioner shall, without delay, destroy the bodily substances collected under the order or authorization and the information transmitted with it.

Marginal note:2005, c. 25, s. 17(1)

  • 31. (1) The portion of subsection 6(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Communication of information

    • 6. (1) The Commissioner shall compare any DNA profile that is entered in the convicted offenders index or the crime scene index with those DNA profiles that are already contained in the data bank and may then, for the purpose of the investigation of a criminal offence, communicate the following information to any Canadian law enforcement agency or laboratory that the Commissioner considers appropriate:

  • Marginal note:2005, c. 25, s. 17(1)

    (2) Paragraph 6(1)(b) of the English version of the Act is replaced by the following:

    • (b) if the DNA profile is already contained in the data bank, the information contained in the data bank in relation to that DNA profile;

  • Marginal note:2005, c. 25, s. 17(1)

    (3) Paragraph 6(1)(d) of the Act is replaced by the following:

    • (d) if a law enforcement agency or laboratory advises the Commissioner that their comparison of a DNA profile communicated under paragraph (c) with one that is connected to the commission of a criminal offence has not excluded the former as a possible match, the information contained in the data bank in relation to that profile.

  • Marginal note:2005, c. 25, s. 17(2)

    (4) Subsection 6(3) of the Act is replaced by the following:

    • Marginal note:Foreign law enforcement agencies

      (3) On receipt of a DNA profile from the government of a foreign state, an international organization established by the governments of states or an institution of such a government or international organization, the Commissioner may compare the profile with those in the DNA data bank to determine whether it is already contained in the data bank and may then communicate to the government, organization or institution

      • (a) the information referred to in any of paragraphs (1)(a) to (c) in the circumstances referred to in that paragraph; and

      • (b) the information contained in the data bank in relation to a DNA profile communicated to the government, organization or institution in the circumstances set out in paragraph (1)(c) if the government, organization or institution advises the Commissioner that their comparison of that DNA profile with one that is connected to the commission of a criminal offence has not excluded the former as a possible match.

  • Marginal note:2005, c. 25, s. 17(3)

    (5) Subsection 6(6.1) of the Act is replaced by the following:

    • Marginal note:Subsequent communication

      (6.1) Information that is communicated under subsection (1) may be communicated subsequently to a person to whom the communication is necessary for the purpose of the investigation or prosecution of a criminal offence.

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