Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2017-04-12 and last amended on 2016-06-17. Previous Versions

FORM 5.02(Subsection 487.05(1))Warrant Authorizing the Taking of Bodily Substances for Forensic DNA Analysis

Canada,

Province of

(territorial division)

To the peace officers in (territorial division):

Whereas it appears on the oath of (name of peace officer) of in the said (territorial division), that there are reasonable grounds to believe

  • (a) that (offence), a designated offence within the meaning of section 487.04 of the Criminal Code, has been committed,

  • (b) that a bodily substance has been found

    • (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 (name of person) was a party to the offence, and

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

And whereas I am satisfied that it is in the best interests of the administration of justice to issue this warrant;

This is therefore to authorize and require you to take from (name of person) or cause to be taken by a person acting under your direction, the number of samples of bodily substances that are 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 provided that, if the person taking the samples is not a peace officer, he or she take the samples under the direction of a peace officer. This warrant 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)

  • 1998, c. 37, s. 24.
 
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