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An Act to amend certain Acts in relation to DNA identification (S.C. 2007, c. 22)

Assented to 2007-06-22

R.S., c. C-46CRIMINAL CODE

Marginal note:1998, c. 37, s. 17

10. Section 487.054 of the Act is replaced by the following:

Marginal note:Appeal

487.054 The offender or the prosecutor may appeal from a decision of the court under any of subsections 487.051(1) to (3).

Marginal note:2005, c. 25, s. 5(1)

  • 11. (1) Paragraphs 487.055(1)(d) and (e) of the Act are replaced by the following:

    • (c.1) had been convicted of attempted murder or conspiracy to commit murder or to cause another person to be murdered and, on the date of the application, is serving a sentence of imprisonment for that offence;

    • (d) had been convicted of a sexual offence within the meaning of subsection (3) and, on the date of the application, is serving a sentence of imprisonment for that offence; or

    • (e) had been convicted of manslaughter and, on the date of the application, is serving a sentence of imprisonment for that offence.

  • (2) Section 487.055 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Manner of appearance

      (3.01) The court may require a person who is given notice of an application under subsection (1) and who wishes to appear at the hearing to appear by closed-circuit television or any other means that allows the court and the person to engage in simultaneous visual and oral communication, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.

  • Marginal note:1998, c. 37, s. 17

    (3) Subsection 487.055(4) of the Act is replaced by the following:

    • Marginal note:Order

      (3.11) If the court authorizes the taking of samples of bodily substances from a person who is on conditional release and who has appeared at the hearing, it shall make an order in Form 5.041 to require the person to report at the place, day and time set out in the order and submit to the taking of the samples.

    • Marginal note:Summons

      (4) However, if a person who is on conditional release has not appeared at the hearing, a summons in Form 5.061 setting out the information referred to in paragraphs 487.07(1)(b) to (d) shall be directed to them requiring them to report at the place, day and time set out in the summons and submit to the taking of the samples.

  • Marginal note:1998, c. 37, s. 17

    (4) Subsections 487.055(7) to (10) of the Act are repealed.

12. The Act is amended by adding the following after section 487.055:

Marginal note:Failure to appear

  • 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.

  • 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.

Marginal note:Failure to comply with order or summons

  • 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.

  • 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.

  • 13. (1) Subsection 487.056(1) of the Act, as enacted by section 6 of the other Act, is replaced by the following:

    Marginal note:When collection to take place

    • 487.056 (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:1998, c. 37, s. 17; 2000, c. 10, s. 16(1)

    (2) Subsections 487.056(2) and (3) of the Act are replaced by the following:

    • 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.

Marginal note:2000, c. 10, s. 17

  • 14. (1) Subsection 487.057(1) of the Act is replaced by the following:

    Marginal note:Report of peace officer

    • 487.057 (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.

  • (2) Section 487.057 of the Act is amended by adding the following after subsection (2):

    • 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.

Marginal note:2000, c. 10, s. 18

15. Section 487.058 of the Act is replaced by the following:

Marginal note:No criminal or civil liability

487.058 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.

Marginal note:2000, c. 10, s. 19(1)

  • 16. (1) The portion of subsection 487.06(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Investigative procedures

    • 487.06 (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:

  • Marginal note:2000, c. 10, s. 19(2)

    (2) Subsection 487.06(3) of the Act is replaced by the following:

    • 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.

Marginal note:2000, c. 10, s. 20(1)

17. The portion of subsection 487.07(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Duty to inform

  • 487.07 (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

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