Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-07-09 and last amended on 2015-06-23. Previous Versions

Marginal note:Duty to inform
  •  (1) Before taking samples of bodily substances from a person, or causing samples to be taken under their direction, in execution of a warrant issued under section 487.05 or an order made under section 487.051 or under an authorization granted under section 487.055 or 487.091, a peace officer shall inform the person 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    • (d.1[Repealed, 2000, c. 10, s. 20]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).

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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;
  • 2007, c. 22, s. 17.