Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-09-18 and last amended on 2016-06-17. Previous Versions

FORM 5.061(Subsections 487.055(4) and 487.091(3))Summons to a Person To Have Bodily Substances Taken for Forensic DNA Analysis

Canada

Province of

(territorial division)

To A.B., of ,

Whereas an authorization has been granted under section 487.055 or 487.091 of the Criminal Code to take from you the number of samples of bodily substances that is reasonably required for forensic DNA analysis;

This is therefore to command you, in Her Majesty’s name, to appear on , the day of , A.D. , at o’clock, at , for the purpose of the taking of bodily substances by means of the investigative procedures set out in subsection 487.06(1) of the Criminal Code. A peace officer, or a person who is acting under a peace officer’s direction, who takes the samples of bodily substances may use as much force as necessary to do so.

You are warned that failure to appear in accordance with this summons may result in a warrant being issued for your arrest under subsection 487.0551(1) of the Criminal Code. You are also warned that failure to appear, without reasonable excuse, is an offence under subsection 487.0552(1) of that Act.

Subsection 487.0551(1) of the Criminal Code states as follows:

  • 487.0551 (1) If a person fails to appear at the place, day and time set out in an order made under subsection 487.051(4) or 487.055(3.11) or in a summons referred to in subsection 487.055(4) or 487.091(3), a justice of the peace may issue a warrant for their arrest in Form 5.062 to allow samples of bodily substances to be taken.

Subsection 487.0552(1) of the Criminal Code states as follows:

  • 487.0552 (1) Every person who, without reasonable excuse, fails to comply with an order made under subsection 487.051(4) or 487.055(3.11) of this Act or under subsection 196.14(4) or 196.24(4) of the National Defence Act, or with a summons referred to in subsection 487.055(4) or 487.091(3) of this Act, is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

    • (b) an offence punishable on summary conviction.

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

(Signature of judge of the court)

  • 2007, c. 22, s. 23.
 
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