Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-06-06 and last amended on 2015-07-23. Previous Versions

Marginal note:Failure to appear
  •  (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.

  • Marginal note:Execution of warrant

    (2) The warrant may be executed anywhere in Canada by a peace officer who has jurisdiction in that place or over the person. The warrant remains in force until it is executed.

  • 2007, c. 22, s. 12.
Marginal note:Failure to comply with order or summons
  •  (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.

  • Marginal note:For greater certainty

    (2) For greater certainty, a lawful command that prevents a person from complying with an order or summons is a reasonable excuse if, at the time, the person is subject to the Code of Service Discipline within the meaning of subsection 2(1) of the National Defence Act.

  • 2007, c. 22, s. 12.
Marginal note:When collection to take place
  •  (1) Samples of bodily substances shall be taken as authorized under section 487.051

    • (a) at the place, day and time set out in an order made under subsection 487.051(4) or as soon as feasible afterwards; or

    • (b) in any other case, on the day on which the order authorizing the taking of the samples is made or as soon as feasible afterwards.

  • Marginal note:When collection to take place

    (2) Samples of bodily substances shall be taken as authorized under section 487.055 or 487.091

    • (a) at the place, day and time set out in an order made under subsection 487.055(3.11) or a summons referred to in subsection 487.055(4) or 487.091(3) or as soon as feasible afterwards; or

    • (b) in any other case, as soon as feasible after the authorization is granted.

  • Marginal note:When collection to take place

    (3) If a person fails to appear as required by an order made under subsection 487.051(4) or 487.055(3.11) or a summons referred to in subsection 487.055(4) or 487.091(3), samples of bodily substances shall be taken

    • (a) when the person is arrested under a warrant issued under subsection 487.0551(1) or as soon as feasible afterwards; or

    • (b) as soon as feasible after the person appears at the place set out in the order or summons if no warrant is issued.

  • Marginal note:Appeal

    (4) Subsections (1) to (3) apply even if the order or authorization to take the samples of bodily substances is appealed.

  • Marginal note:Collection of samples

    (5) A peace officer who is authorized under section 487.051, 487.055 or 487.091 to take samples of bodily substances may cause the samples to be taken in any place in Canada in which the person who is subject to the order or authorization is located.

  • Marginal note:Who collects samples

    (6) The samples shall be taken by a peace officer who has jurisdiction over the person or in the place in which the samples are taken — or a person acting under their direction — who is able, by virtue of training or experience, to take them.

  • 1998, c. 37, s. 17;
  • 2000, c. 10, s. 16;
  • 2002, c. 1, s. 179(E);
  • 2005, c. 25, s. 6;
  • 2007, c. 22, s. 13.
Marginal note:Report of peace officer
  •  (1) A peace officer who takes samples of bodily substances from a person or who causes a person who is not a peace officer to take samples under their direction shall, as soon as feasible after the samples are taken, make a written report in Form 5.07 and cause the report to be filed with

    • (a) the provincial court judge who issued the warrant under section 487.05 or granted the authorization under section 487.055 or 487.091 or another judge of that provincial court; or

    • (b) the court that made the order under section 487.051.

  • Marginal note:Contents of report

    (2) The report shall include

    • (a) a statement of the time and date the samples were taken; and

    • (b) a description of the bodily substances that were taken.

  • Marginal note:Copy of report

    (3) A peace officer who takes the samples or causes the samples to be taken under their direction at the request of another peace officer shall send a copy of the report to the other peace officer unless that other peace officer had jurisdiction to take the samples.

  • 1998, c. 37, s. 17;
  • 2000, c. 10, s. 17;
  • 2007, c. 22, s. 14.
Marginal note:No criminal or civil liability

 No peace officer, and no person acting under a peace officer’s direction, incurs any criminal or civil liability for anything necessarily done with reasonable care and skill in the taking of samples of bodily substances from a person under a warrant issued under section 487.05, an order made under section 487.051 or an authorization granted under section 487.055 or 487.091.

  • 1998, c. 37, s. 17;
  • 2000, c. 10, s. 18;
  • 2007, c. 22, s. 15.
Marginal note:Investigative procedures
  •  (1) A peace officer or a person acting under a peace officer’s direction is authorized by a warrant issued under section 487.05, an order made under section 487.051 or an authorization granted under section 487.055 or 487.091 to take samples of bodily substances by any of the following means:

    • (a) the plucking of individual hairs from the person, including the root sheath;

    • (b) the taking of buccal swabs by swabbing the lips, tongue and inside cheeks of the mouth to collect epithelial cells; or

    • (c) the taking of blood by pricking the skin surface with a sterile lancet.

  • Marginal note:Terms and conditions

    (2) The warrant, order or authorization shall include any terms and conditions that the provincial court judge or court, as the case may be, considers advisable to ensure that the taking of the samples authorized by the warrant, order or authorization is reasonable in the circumstances.

  • Marginal note:Fingerprints

    (3) A peace officer who is authorized to take samples of bodily substances from a person by an order made under section 487.051 or an authorization granted under section 487.055 or 487.091, or a person acting under their direction, may take fingerprints from the person for the purpose of the DNA Identification Act.

  • 1995, c. 27, s. 1;
  • 1998, c. 37, s. 18;
  • 2000, c. 10, s. 19;
  • 2007, c. 22, s. 16.
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.
 
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