Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-08-15 and last amended on 2016-06-17. Previous Versions

FORM 5.09(Subsection 487.091(1))Authorization To Take Additional Samples of Bodily Substances for Forensic DNA Analysis

Canada

Province of

(territorial division)

To the peace officers in (territorial division):

Whereas samples of bodily substances were taken from (name of offender) for the purpose of forensic DNA analysis under an order made under section 487.051 or an authorization granted under section 487.055, of the Criminal Code;

Whereas on (day/month/year) it was determined that

  • (a) a DNA profile could not be derived from the samples for the following reasons:

  • (b) the information or bodily substances required by regulations made under the DNA Identification Act were not transmitted in accordance with the requirements of the regulations or were lost for the following reasons:

And whereas (name of peace officer), a peace officer in (territorial division), has applied for an authorization to take the number of additional samples of bodily substances from (name of offender) that is reasonably required for forensic DNA analysis by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code;

Therefore, you are authorized to take those additional samples, or cause them to be taken, from (name of offender), 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 authorization 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;
  • 2005, c. 25, s. 13;
  • 2007, c. 22, s. 25.
 
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