Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-08-01 and last amended on 2016-06-17. Previous Versions

FORM 5.04(Subsection 487.051(3))Order Authorizing the Taking of Bodily Substances for Forensic DNA Analysis

Canada

Province of

(territorial division)

To the peace officers in (territorial division):

Whereas (name of offender), in this order called the “offender”,

  • (a) has been found not criminally responsible on account of mental disorder for (offence), which, on the day on which the finding was made, was a primary designated offence within the meaning of section 487.04 of the Criminal Code, or

  • (b) has been convicted under the Criminal Code, discharged under section 730 of that Act or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, of, or has been found not criminally responsible on account of mental disorder for, (offence), which, on the day on which the offender was sentenced or discharged or the finding was made, was one of the following secondary designated offences within the meaning of section 487.04 of the Criminal Code (check applicable box):

    • [ ] (i) an offence under the Criminal Code for which the maximum punishment is imprisonment for five years or more and that was prosecuted by indictment,

    • [ ] (ii) an offence under any of sections 5 to 7 of the Controlled Drugs and Substances Act for which the maximum punishment is imprisonment for five years or more and that was prosecuted by indictment,

    • [ ] (iii) an offence under any of sections 145 to 148, subsection 173(1), sections 252, 264, 264.1, 266 and 270, subsection 286.1(1), paragraph 348(1)(e) and sections 349 and 423 of the Criminal Code,

    • [ ] (iv) an offence under section 433 or 434 of the Criminal Code as that section read from time to time before July 1, 1990, or

    • [ ] (v) an attempt or a conspiracy to commit an offence referred to in subparagraph (i) or (ii) that was prosecuted by indictment (or, if applicable, an attempt or a conspiracy to commit an offence referred to in subparagraph (iii) or (iv));

Whereas I have considered the offender’s criminal record, the nature of the offence, the circumstances surrounding its commission, whether the offender was previously found not criminally responsible on account of mental disorder for a designated offence, and the impact that this order would have on the offender’s privacy and security of the person;

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

Therefore, you are authorized to take or cause to be taken from (name of offender) the number of 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.

This order 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 judge of the court)

  • 1998, c. 37, s. 24;
  • 2002, c. 1, s. 186;
  • 2005, c. 25, s. 12;
  • 2007, c. 22, s. 23;
  • 2012, c. 1, s. 38;
  • 2014, c. 25, s. 32.
 
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