Any text in this node which is in italics is commentary by myself, and not necessarily part of the Criminal Code. This section of the code is quite boring, and talks too much about warrants and testimony and DNA and fingerprints. It is also quite long, so I will have to split it up into more than one node.

Part XV: Section 2 of 3
Part XV: Section 3 of 3
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Index

General Powers of Certain Officials
Officials with powers of two justices
Isn"t this just saying that 'anyone allowed to do x can do x?'
483. Every judge or provincial court judge authorized by the law of the province in which he is appointed to do anything that is required to be done by two or more justices may do alone anything that this Act or any other Act of Parliament authorizes two or more justices to do.

R.S., 1985, c. C-46, s. 483; R.S., 1985, c. 27 (1st Supp.), s. 203.

Preserving order in court
Gah, I wish I had a gavel.
484. Every judge or provincial court judge has the same power and authority to preserve order in a court over which he presides as may be exercised by the superior court of criminal jurisdiction of the province during the sittings thereof.

R.S., 1985, c. C-46, s. 484; R.S., 1985, c. 27 (1st Supp.), s. 203.

Procedural irregularities
485. (1) Jurisdiction over an offence is not lost by reason of the failure of any court, judge, provincial court judge or justice to act in the exercise of that jurisdiction at any particular time, or by reason of a failure to comply with any of the provisions of this Act respecting adjournments or remands.

Where accused not present
(1.1) Jurisdiction over an accused is not lost by reason of the failure of the accused to appear personally, so long as paragraph 537(1)(j) or subsection 650(1.1) applies and the accused is to appear by counsel.

Summons or warrant
(2) Where jurisdiction over an accused or a defendant is lost and has not been regained, a court, judge, provincial court judge or justice may, within three months after the loss of jurisdiction, issue a summons, or if it or he considers it necessary in the public interest, a warrant for the arrest of the accused or defendant.

Dismissal for want of prosecution
Having the charges dropped because no one bothered to go ahead and prosecute you.
(3) Where no summons or warrant is issued under subsection (2) within the period provided therein, the proceedings shall be deemed to be dismissed for want of prosecution and shall not be recommenced except in accordance with section 485.1.

Adjournment and order
(4) Where, in the opinion of the court, judge, provincial court judge or justice, an accused or a defendant who appears at a proceeding has been misled or prejudiced by reason of any matter referred to in subsection (1), the court, judge, provincial court judge or justice may adjourn the proceeding and may make such order as it or he considers appropriate.

Part XVI to apply
(5) The provisions of Part XVI apply with such modifications as the circumstances require where a summons or warrant is issued under subsection (2).

R.S., 1985, c. C-46, s. 485; R.S., 1985, c. 27 (1st Supp.), s. 67; 1992, c. 1, s. 60(F); 1997, c. 18, s. 40.

Recommencement where dismissal for want of prosecution
485.1 Where an indictment in respect of a transaction is dismissed or deemed by any provision of this Act to be dismissed for want of prosecution, a new information shall not be laid and a new indictment shall not be preferred before any court in respect of the same transaction without

(a) the personal consent in writing of the Attorney General or Deputy Attorney General, in any prosecution conducted by the Attorney General or in which the Attorney General intervenes; or

(b) the written order of a judge of that court, in any prosecution conducted by a prosecutor other than the Attorney General and in which the Attorney General does not intervene.

R.S., 1985, c. 27 (1st Supp.), s. 67.

Exclusion of public in certain cases
486. (1) Any proceedings against an accused shall be held in open court, but where the presiding judge, provincial court judge or justice, as the case may be, is of the opinion that it is in the interest of public morals, the maintenance of order or the proper administration of justice to exclude all or any members of the public from the court room for all or part of the proceedings, he may so order.

Protection of child witnesses
They also apply this section to kids who aren"t witnesses, any time that they"ve been molested they won"t mention the kid"s name, or the accused if it"s a relative or someone that people could use to figure out the kid"s name.
(1.1) For the purposes of subsections (1) and (2.3) and for greater certainty, the "proper administration of justice" includes ensuring that the interests of witnesses under the age of eighteen years are safeguarded in proceedings in which the accused is charged with a sexual offence, an offence against any of sections 271, 272 and 273 or an offence in which violence against the person is alleged to have been used, threatened or attempted.

Support person
(1.2) In proceedings referred to in subsection (1.1), the presiding judge, provincial court judge or justice may, on application of the prosecutor or a witness who, at the time of the trial or preliminary hearing, is under the age of fourteen years or who has a mental or physical disability, order that a support person of the witness' choice be permitted to be present and to be close to the witness while testifying.

Witness not to be a support person
(1.3) The presiding judge, provincial court judge or justice shall not permit a witness in the proceedings referred to in subsection (1.1) to be a support person unless the presiding judge, provincial court judge or justice is of the opinion that the proper administration of justice so requires.

No communication while testifying
(1.4) The presiding judge, provincial court judge or justice may order that the support person and the witness not communicate with each other during the testimony of the witness.

Reasons to be stated
(2) Where an accused is charged with an offence mentioned in section 274 and the prosecutor or the accused makes an application for an order under subsection (1), the presiding judge, provincial court judge or justice, as the case may be, shall, if no such order is made, state, by reference to the circumstances of the case, the reason for not making an order.

Testimony outside court room
(2.1) Notwithstanding section 650, where an accused is charged with an offence under section 151, 152, 153, 155 or 159, subsection 160(2) or (3), or section 163.1, 170, 171, 172, 173, 210, 211, 212, 213, 266, 267, 268, 271, 272 or 273 and the complainant or any witness, at the time of the trial or preliminary inquiry, is under the age of eighteen years or is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, the presiding judge or justice, as the case may be, may order that the complainant or witness testify outside the court room or behind a screen or other device that would allow the complainant or witness not to see the accused, if the judge or justice is of the opinion that the exclusion is necessary to obtain a full and candid account of the acts complained of from the complainant or witness.

Same procedure for opinion
(2.11) Where the judge or justice is of the opinion that it is necessary for the complainant or witness to testify in order to determine whether an order under subsection (2.1) should be made in respect of that complainant or witness, the judge or justice shall order that the complainant or witness testify pursuant to that subsection.

Condition of exclusion
(2.2) A complainant or witness shall not testify outside the court room pursuant to subsection (2.1) or (2.11) unless arrangements are made for the accused, the judge or justice and the jury to watch the testimony of the complainant or other witness by means of closed-circuit television or otherwise and the accused is permitted to communicate with counsel while watching the testimony.

Accused not to cross examine child witness
(2.3) In proceedings referred to in subsection (1.1), the accused shall not personally cross-examine a witness who at the time of the proceedings is under the age of eighteen years, unless the presiding judge, provincial court judge or justice is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination and, if the accused is not personally conducting the cross-examination, the presiding judge, provincial court judge or justice shall appoint counsel for the purpose of conducting the cross-examination.

Order restricting publication
(3) Subject to subsection (4), the presiding judge or justice may make an order directing that the identity of a complainant or a witness and any information that could disclose the identity of the complainant or witness shall not be published in any document or broadcast in any way, when an accused is charged with

(a) any of the following offences:

(i) an offence under section 151, 152, 153, 153.1, 155, 159, 160, 170, 171, 172, 173, 210, 211, 212, 213, 271, 272, 273, 346 or 347,

(ii) an offence under section 144, 145, 149, 156, 245 or 246 of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 4, 1983, or

(iii) an offence under section 146, 151, 153, 155, 157, 166 or 167 of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 1, 1988; or

(b) two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in any of subparagraphs (a)(i), (ii) and (iii).

Limitation
(3.1) An order made under subsection (3) does not apply in respect of the disclosure of information in the course of the administration of justice where it is not the purpose of the disclosure to make the information known in the community.

Mandatory order on application
(4) The presiding judge or justice shall

(a) at the first reasonable opportunity, inform any witness under the age of eighteen years and the complainant to proceedings in respect of an offence mentioned in subsection (3) of the right to make an application for an order under subsection (3); and

(b) on application made by the complainant, the prosecutor or any such witness, make an order under that subsection.

Ban on publication
(4.1) A judge or justice may, in any proceedings against an accused other than in respect of an offence set out in subsection (3), make an order directing that the identity of a victim or witness, or any information that could disclose their identity, shall not be published in any document or broadcast in any way, if the judge or justice is satisfied that the order is necessary for the proper administration of justice.

Order restricting publication
(4.2) An order made under subsection (4.1) does not apply in respect of the disclosure of information in the course of the administration of justice if it is not the purpose of the disclosure to make the information known in the community.

Application
(4.3) An order under subsection (4.1) may be made on the application of the prosecutor, a victim or a witness. The application must be made to the presiding judge or justice or, if the judge or justice has not been determined, to a judge of a superior court of criminal jurisdiction in the judicial district where the proceedings will take place.

Contents of application
(4.4) The application must be in writing and set out the grounds on which the applicant relies to establish that the order is necessary for the proper administration of justice.

Notice of application
(4.5) The applicant shall provide notice of the application to the prosecutor, the accused and any other person affected by the order that the judge or justice specifies.

Hearing may be held
(4.6) The judge or justice may hold a hearing to determine whether an order under subsection (4.1) should be made, and the hearing may be in private.

Factors to be considered
(4.7) In determining whether to make an order under subsection (4.1), the judge or justice shall consider

(a) the right to a fair and public hearing;

(b) whether there is a real and substantial risk that the victim or witness would suffer significant harm if their identity were disclosed;

(c) whether the victim or witness needs the order for their security or to protect them from intimidation or retaliation;

(d) society's interest in encouraging the reporting of offences and the participation of victims and witnesses;

(e) whether effective alternatives are available to protect the identity of the victim or witness;

(f) the salutary and deleterious effects of the proposed order;

(g) the impact of the proposed order on the freedom of expression of those affected by it; and

(h) any other factor that the judge or justice considers relevant.

Conditions
(4.8) An order made under subsection (4.1) may be subject to any conditions that the judge or justice thinks fit.

Publication of application prohibited
(4.9) Unless the presiding judge or justice refuses to make an order under subsection (4.1), no person shall publish in any document or broadcast in any way

(a) the contents of an application referred to in subsection (4.3);

(b) any evidence taken, information given, or submissions made at a hearing under subsection (4.6); or

(c) any other information that could identify the person to whom the application relates as a victim or witness in the proceedings.

Failure to comply with order
(5) Every person who fails to comply with an order made under subsection (3) or (4.1) is guilty of an offence punishable on summary conviction.

(6) Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 14

R.S., 1985, c. C-46, s. 486; R.S., 1985, c. 27 (1st Supp.), s. 203, c. 19 (3rd Supp.), s. 14, c. 23 (4th Supp.), s. 1; 1992, c. 1, s. 60(F), c. 21, s. 9; 1993, c. 45, s. 7; 1997, c. 16, s. 6; 1999, c. 25, s. 2(Preamble).

Information for search warrant
Allows police to search a building.
487. (1) A justice who is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in a building, receptacle or place

(a) anything on or in respect of which any offence against this Act or any other Act of Parliament has been or is suspected to have been committed,

(b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence, or will reveal the whereabouts of a person who is believed to have committed an offence, against this Act or any other Act of Parliament,

(c) anything that there are reasonable grounds to believe is intended to be used for the purpose of committing any offence against the person for which a person may be arrested without warrant, or

(c.1) any offence-related property,

may at any time issue a warrant authorizing a peace officer or a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and who is named in the warrant

(d) to search the building, receptacle or place for any such thing and to seize it, and

(e) subject to any other Act of Parliament, to, as soon as practicable, bring the thing seized before, or make a report in respect thereof to, the justice or some other justice for the same territorial division in accordance with section 489.1.

Endorsement of search warrant
(2) Where the building, receptacle or place in which anything mentioned in subsection (1) is believed to be is in any other territorial division, the justice may issue his warrant in like form modified according to the circumstances, and the warrant may be executed in the other territorial division after it has been endorsed, in Form 28, by a justice having jurisdiction in that territorial division.

Operation of computer system and copying equipment
(2.1) A person authorized under this section to search a computer system in a building or place for data may

(a) use or cause to be used any computer system at the building or place to search any data contained in or available to the computer system;

(b) reproduce or cause to be reproduced any data in the form of a print-out or other intelligible output;

(c) seize the print-out or other output for examination or copying; and

(d) use or cause to be used any copying equipment at the place to make copies of the data.

Duty of person in possession or control
(2.2) Every person who is in possession or control of any building or place in respect of which a search is carried out under this section shall, on presentation of the warrant, permit the person carrying out the search

(a) to use or cause to be used any computer system at the building or place in order to search any data contained in or available to the computer system for data that the person is authorized by this section to search for;

(b) to obtain a hard copy of the data and to seize it; and

(c) to use or cause to be used any copying equipment at the place to make copies of the data.

Form
(3) A search warrant issued under this section may be in the form set out as Form 5 in Part XXVIII, varied to suit the case.

Effect of endorsement
(4) An endorsement that is made on a warrant as provided for in subsection (2) is sufficient authority to the peace officers or public officers to whom it was originally directed, and to all peace officers within the jurisdiction of the justice by whom it is endorsed, to execute the warrant and to deal with the things seized in accordance with section 489.1 or as otherwise provided by law.

R.S., 1985, c. C-46, s. 487; R.S., 1985, c. 27 (1st Supp.), s. 68; 1994, c. 44, s. 36; 1997, c. 18, s. 41, c. 23, s. 12; 1999, c. 5, s. 16.

Information for general warrant
487.01 (1) A provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 may issue a warrant in writing authorizing a peace officer to, subject to this section, use any device or investigative technique or procedure or do any thing described in the warrant that would, if not authorized, constitute an unreasonable search or seizure in respect of a person or a person's property if

(a) the judge is satisfied 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 or will be committed and that information concerning the offence will be obtained through the use of the technique, procedure or device or the doing of the thing;

(b) the judge is satisfied that it is in the best interests of the administration of justice to issue the warrant; and

(c) there is no other provision in this or any other Act of Parliament that would provide for a warrant, authorization or order permitting the technique, procedure or device to be used or the thing to be done.

Limitation
(2) Nothing in subsection (1) shall be construed as to permit interference with the bodily integrity of any person.

Search or seizure to be reasonable
(3) A warrant issued under subsection (1) shall contain such terms and conditions as the judge considers advisable to ensure that any search or seizure authorized by the warrant is reasonable in the circumstances.

Video surveillance
(4) A warrant issued under subsection (1) that authorizes a peace officer to observe, by means of a television camera or other similar electronic device, any person who is engaged in activity in circumstances in which the person has a reasonable expectation of privacy shall contain such terms and conditions as the judge considers advisable to ensure that the privacy of the person or of any other person is respected as much as possible.

Other provisions to apply
(5) The definition "offence" in section 183 and sections 183.1, 184.2, 184.3 and 185 to 188.2, subsection 189(5), and sections 190, 193 and 194 to 196 apply, with such modifications as the circumstances require, to a warrant referred to in subsection (4) as though references in those provisions to interceptions of private communications were read as references to observations by peace officers by means of television cameras or similar electronic devices of activities in circumstances in which persons had reasonable expectations of privacy.

Notice after covert entry
(5.1) A warrant issued under subsection (1) that authorizes a peace officer to enter and search a place covertly shall require, as part of the terms and conditions referred to in subsection (3), that notice of the entry and search be given within any time after the execution of the warrant that the judge considers reasonable in the circumstances.

Extension of period for giving notice
(5.2) Where the judge who issues a warrant under subsection (1) or any other judge having jurisdiction to issue such a warrant is, on the basis of an affidavit submitted in support of an application to vary the period within which the notice referred to in subsection (5.1) is to be given, is satisfied that the interests of justice warrant the granting of the application, the judge may grant an extension, or a subsequent extension, of the period, but no extension may exceed three years.

Provisions to apply
(6) Subsections 487(2) and (4) apply, with such modifications as the circumstances require, to a warrant issued under subsection (1).

Telewarrant provisions to apply
Dial-a-Warrant
(7) Where a peace officer believes that it would be impracticable to appear personally before a judge 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.

1993, c. 40, s. 15; 1997, c. 18, s. 42, c. 23, s. 13.

Assistance order
487.02 Where an authorization is given under section 184.2, 184.3, 186 or 188, a warrant is issued under this Act or an order is made under subsection 492.2(2), the judge or justice who gives the authorization, issues the warrant or makes the order may order any person to provide assistance, where the person's assistance may reasonably be considered to be required to give effect to the authorization, warrant or order.

1993, c. 40, s. 15; 1997, c. 18, s. 43.

Execution in another province
487.03 (1) Where

(a) a warrant is issued under section 487.01, 487.05 or 492.1 or subsection 492.2(1) in one province,

(b) it may reasonably be expected that the warrant is to be executed in another province, and

(c) the execution of the warrant would require entry into or on the property of any person in the other province or would require that an order be made under section 487.02 with respect to any person in that other province,

a judge or justice, as the case may be, in the other province may, on application, endorse the warrant and the warrant, after being so endorsed, has the same force in that other province as though it had originally been issued in that other province.

Execution in another province -- taking of bodily substances
(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.

1993, c. 40, s. 15; 1995, c. 27, s. 1; 2000, c. 10, s. 13.

Forensic DNA Analysis

Definitions
487.04 In this section and sections 487.05 to 487.09,

"adult" « adulte »
"adult" has the meaning assigned by subsection 2(1) of the Young Offenders Act;

"designated offence" « infraction désignée »
"designated offence" means a primary designated offence or a secondary designated offence;

"DNA" « ADN »
"DNA" means deoxyribonucleic acid;

"forensic DNA analysis" « analyse génétique »
"forensic DNA analysis"

(a) in relation to a bodily substance that is taken from a person in execution of a warrant under section 487.05, means forensic DNA analysis of the bodily substance and the comparison of the results of that analysis with the results of the analysis of the DNA in the bodily substance referred to in paragraph 487.05(1)(b), and includes any incidental tests associated with that analysis, and

(b) in relation to a bodily substance that is provided voluntarily in the course of an investigation of a designated offence or taken from a person in execution of an order under section 487.051 or 487.052 or under an authorization under section 487.055 or 487.091, or a bodily substance referred to in paragraph 487.05(1)(b), means forensic DNA analysis of the bodily substance;

"primary designated offence" « infraction primaire »
"primary designated 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 233 (infanticide),

(vii) section 235 (murder),

(viii) section 236 (manslaughter),

(ix) section 244 (causing bodily harm with intent),

(x) section 267 (assault with a weapon or causing bodily harm),

(xi) section 268 (aggravated assault),

(xii) section 269 (unlawfully causing bodily harm),

(xiii) section 271 (sexual assault),

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

(xv) section 273 (aggravated sexual assault), and

(xvi) section 279 (kidnapping),

(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 and between fourteen and sixteen), and

(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 or, other than for the purposes of subsection 487.05(1), a conspiracy to commit an offence referred to in any of paragraphs (a) to (c);

"provincial court judge" « juge de la cour provinciale »
"provincial court judge", in relation to a young person, includes a youth court judge within the meaning of subsection 2(1) of the Young Offenders Act;

"secondary designated offence" « infraction secondaire »
"secondary designated offence" means

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

(i) section 75 (piratical acts),

(ii) section 76 (hijacking),

(iii) section 77 (endangering safety of aircraft or airport),

(iv) section 78.1 (seizing control of ship or fixed platform),

(v) paragraph 81(1)(a) or (b) (using explosives),

(vi) subsection 160(3) (bestiality in the presence of or by child),

(vii) section 163.1 (child pornography),

(viii) section 170 (parent or guardian procuring sexual activity),

(ix) section 173 (indecent acts),

(x) section 220 (causing death by criminal negligence),

(xi) section 221 (causing bodily harm by criminal negligence),

(xii) subsection 249(3) (dangerous operation causing bodily harm),

(xiii) subsection 249(4) (dangerous operation causing death),

(xiv) section 252 (failure to stop at scene of accident),

(xv) subsection 255(2) (impaired driving causing bodily harm),

(xvi) subsection 255(3) (impaired driving causing death),

(xvii) section 266 (assault),

(xviii) section 269.1 (torture),

(xix) paragraph 270(1)(a) (assaulting a peace officer),

(xx) section 279.1 (hostage taking),

(xxi) section 344 (robbery),

(xxii) subsection 348(1) (breaking and entering with intent, committing offence or breaking out),

(xxiii) subsection 430(2) (mischief that causes actual danger to life),

(xxiv) section 433 (arson -- disregard for human life), and

(xxv) section 434.1 (arson -- own property),

(b) an offence under any of the following provisions of the Criminal Code, as they read from time to time before July 1, 1990, namely,

(i) section 433 (arson), and

(ii) section 434 (setting fire to other substance), and

(c) an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit an offence referred to in paragraph (a) or (b);

"young person" « adolescent »
"young person" has the meaning assigned by subsection 2(1) of the Young Offenders Act.

1995, c. 27, s. 1; 1998, c. 37, s. 15.

Information for warrant to take bodily substances for forensic DNA analysis
Obtaining a blood or semen sample from the accused.
487.05 (1) A provincial court judge who on ex parte application made in Form 5.01 is satisfied by information on oath that there are reasonable grounds to believe

(a) that a designated offence has been committed,

(b) that a bodily substance has been found or obtained

(i) at the place where the offence was committed,

(ii) on or within the body of the victim of the offence,

(iii) on anything worn or carried by the victim at the time when the offence was committed, or

(iv) on or within the body of any person or thing or at any place associated with the commission of the offence,

(c) that a person was a party to the offence, and

(d) that forensic DNA analysis of a bodily substance from the person will provide evidence about whether the bodily substance referred to in paragraph (b) was from that person

and who is satisfied that it is in the best interests of the administration of justice to do so may issue a warrant in Form 5.02 authorizing the taking, from that person, 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).

Criteria
(2) In considering whether to issue the warrant, the provincial court judge shall have regard to all relevant matters, including

(a) the nature of the designated offence and the circumstances of its commission; and

(b) whether there is

(i) a peace officer who is able, by virtue of training or experience, to take samples of bodily substances from the person, by means of the investigative procedures described in subsection 487.06(1), or

(ii) another person who is able, by virtue of training or experience, to take, under the direction of a peace officer, samples of bodily substances from the person, by means of those investigative procedures.

Telewarrant
(3) Where a peace officer believes that it would be impracticable to appear personally before a judge 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.

1995, c. 27, s. 1; 1997, c. 18, s. 44; 1998, c. 37, s. 16.

Order
487.051 (1) Subject to section 487.053, if a person is convicted, discharged under section 730 or, in the case of a young person, found guilty under the Young Offenders Act, of a designated offence, the court

(a) shall, subject to subsection (2), in the case of a primary designated offence, make an order in Form 5.03 authorizing the taking, from that person, 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); or

(b) may, in the case of a secondary designated offence, make an order in Form 5.04 authorizing the taking of such samples if the court is satisfied that it is in the best interests of the administration of justice to do so.

Exception
(2) The court is not required to make an order under paragraph (1)(a) if it is satisfied that the person or young person has established that, were the order made, the impact on the person's or young person's privacy and security of the person would be grossly disproportionate to the public interest in the protection of society and the proper administration of justice, to be achieved through the early detection, arrest and conviction of offenders.

Criteria
(3) In deciding whether to make an order under paragraph (1)(b), the court shall consider the criminal record of the person or young person, the nature of the offence and the circumstances surrounding its commission and the impact such an order would have on the person's or young person's privacy and security of the person and shall give reasons for its decision.

1998, c. 37, s. 17.

Offences committed before DNA Identification Act in force
487.052 (1) Subject to section 487.053, if a person is convicted, discharged under section 730 or, in the case of a young person, found guilty under the Young Offenders Act, of a designated offence committed before the coming into force of subsection 5(1) of the DNA Identification Act, the court may, on application by the prosecutor, make an order in Form 5.04 authorizing the taking, from that person or young person, 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), if the court is satisfied that it is in the best interests of the administration of justice to do so.

Criteria
(2) In deciding whether to make the order, the court shall consider the criminal record of the person or young person, the nature of the offence and the circumstances surrounding its commission and the impact such an order would have on the person's or young person's privacy and security of the person and shall give reasons for its decision.

1998, c. 37, s. 17.

No order
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.

1998, c. 37, s. 17; 2000, c. 10, s. 14.

Appeal
487.054 The offender or the prosecutor may appeal from a decision of the court made under subsection 487.051(1) or 487.052(1).

1998, c. 37, s. 17.

Offenders serving sentences
Getting samples from repeat offenders currently in jail.
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).

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).

Definition of "sexual offence"
Anything illegal related to sex. Duh.
(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).

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.

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).

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.

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.


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

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.

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.

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.

1998, c. 37, s. 17; 2000, c. 10, s. 15.

When collection to take place
487.056 (1) Samples of bodily substances referred to in sections 487.051 and 487.052 shall be taken at the time the person is convicted, discharged under section 730 or, in the case of a young person, found guilty under the Young Offenders Act, or as soon as is feasible afterwards, even though an appeal may have been taken.

Collection under authorization
(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.

Who collects
(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.

1998, c. 37, s. 17; 2000, c. 10, s. 16.

Report of peace officer
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

(a) the provincial court judge who issued the warrant or granted the authorization, or another judge of that provincial court; or

(b) the court that made the order.

Contents of report
(2) The report shall include

(a) a statement of the time and date the samples were taken; and

(b) a description of the bodily substances that were taken.

1998, c. 37, s. 17; 2000, c. 10, s. 17.

No criminal or civil liability
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.

1998, c. 37, s. 17; 2000, c. 10, s. 18.

Investigative procedures
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:

(a) the plucking of individual hairs from the person, including the root sheath;

(b) the taking of buccal swabs by swabbing the lips, tongue and inside cheeks of the mouth to collect epithelial cells; or

(c) the taking of blood by pricking the skin surface with a sterile lancet.

Terms and conditions
(2) The warrant, order or authorization shall include any terms and conditions that the provincial court judge or court, as the case may be, considers advisable to ensure that the taking of the samples authorized by the warrant, order or authorization is reasonable in the circumstances.

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.

1995, c. 27, s. 1; 1998, c. 37, s. 18; 2000, c. 10, s. 19.

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

(a) the contents of the warrant, order or authorization;

(b) the nature of the investigative procedures by means of which the samples are to be taken;

(c) the purpose of taking the samples;

(d) the authority of the peace officer and any other person under the direction of the peace officer to use as much force as is necessary for the purpose of taking the samples; and

(d.1) Repealed, 2000, c. 10, s. 20

(e) in the case of samples of bodily substances taken in execution of a warrant,

(i) the possibility that the results of forensic DNA analysis may be used in evidence, and

(ii) if the sample is taken from a young person, the rights of the young person under subsection (4).

Detention of person
(2) A person from whom samples of bodily substances are to be taken may

(a) be detained for that purpose for a period that is reasonable in the circumstances; and

(b) be required to accompany a peace officer for that purpose.

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.

Execution of warrant against young person
(4) A young person against whom a warrant is executed has, in addition to any other rights arising from his or her detention under the warrant,

(a) the right to a reasonable opportunity to consult with, and

(b) the right to have the warrant executed in the presence of

counsel and a parent or, in the absence of a parent, an adult relative or, in the absence of a parent and an adult relative, any other appropriate adult chosen by the young person.

Waiver of rights of young person
(5) A young person may waive his or her rights under subsection (4) but any such waiver

(a) must be recorded on audio tape or video tape or otherwise; or

(b) must be made in writing and contain a statement signed by the young person that he or she has been informed of the right being waived.

1995, c. 27, ss. 1, 3; 1998, c. 37, s. 19; 2000, c. 10, s. 20.

Transmission of results to Commissioner
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.

Transmission of bodily substances
(2) Any portions of samples of bodily substances referred to in subsection (1) that are not used in forensic DNA analysis shall be transmitted to the Commissioner of the Royal Canadian Mounted Police for the purposes of the DNA Identification Act.

1998, c. 37, s. 20; 2000, c. 10, s. 21.

Part XV: Section 2 of 3
Part XV: Section 3 of 3

Next
Part XVI
Compelling Appearance of Accused Before a Justice and Interim Release

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