Criminal Code

Marginal note:Offenders serving sentences

• 487.055 (1) A provincial court judge may, on ex parte application made in Form 5.05, authorize, in Form 5.06, the taking, from a person who

  • (a) before the coming into force of this subsection, had been declared a dangerous offender under Part XXIV,

  • (b) before the coming into force of this subsection, had been convicted of more than one murder committed at different times, or

  • (c) before the coming into force of this subsection, had been convicted of more than one sexual offence within the meaning of subsection (3) and, on the date of the application, is serving a sentence of imprisonment of at least two years for one or more of those offences,

  for the purpose of forensic DNA analysis, of any number of samples of one or more bodily substances that is reasonably required for that purpose, by means of the investigative procedures described in subsection 487.06(1).

• Marginal note:Certificate

  (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).

• Marginal note:Definition of “sexual offence”

  (3) For the purposes of subsection (1), sexual offence means

  • (a) an offence under any of the following provisions, namely,

    • (i) section 151 (sexual interference),

    • (ii) section 152 (invitation to sexual touching),

    • (iii) section 153 (sexual exploitation),

    • (iv) section 155 (incest),

    • (v) subsection 212(4) (offence in relation to juvenile prostitution),

    • (vi) section 271 (sexual assault),

    • (vii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), and

    • (viii) section 273 (aggravated sexual assault);

  • (b) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983, namely,

    • (i) section 144 (rape),

    • (ii) section 146 (sexual intercourse with female under fourteen or between fourteen and sixteen), or

    • (iii) section 148 (sexual intercourse with feeble-minded, etc.);

  • (c) an offence under paragraph 153(1)(a) (sexual intercourse with step-daughter, etc.) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read from time to time before January 1, 1988; and

  • (d) an attempt to commit an offence referred to in any of paragraphs (a) to (c).

• Marginal note:Criteria

  (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.

• Marginal note:Summons

  (4) A summons shall be directed to a person referred to in subsection (1) who is on conditional release requiring the person to report at the place, day and time set out in the summons in order to submit to the taking from the person of samples of bodily substances under an authorization granted under that subsection and setting out the matters referred to in paragraphs 487.07(1)(b) to (e).

• Marginal note:Service on individual

  (5) The summons shall be accompanied by a copy of the authorization referred to in subsection (1) and be served by a peace officer who shall either deliver it personally to the person to whom it is directed or, if that person cannot conveniently be found, leave it for the person at their latest or usual place of residence with any person found there who appears to be at least sixteen years of age.

• Marginal note:Proof of service

  (6) Service of a summons may be proved by the oral evidence, given under oath, of the peace officer who served it or by the peace officer’s affidavit made before a justice of the peace or other person authorized to administer oaths or to take affidavits.

• Marginal note:Content of summons

  (7) The text of subsection (8) shall be set out in the summons.

• Marginal note:Failure to appear

  (8) If the person to whom a summons is directed does not report at the place, day and time set out in the summons, a justice of the peace may issue a warrant for the arrest of the person in order to allow the taking of samples of bodily substances from the person under the authorization.

• Marginal note:Contents of warrant to arrest

  (9) The warrant shall name or describe the person and order that the person be arrested without delay for the purpose of allowing the taking from them of samples of bodily substances under the authorization.

• Marginal note:No return day

  (10) A warrant issued under subsection (8) remains in force until it is executed and need not be made returnable at any particular time.