Marginal note:2000, c. 10, s. 1

• 40. (1) The portion of subsection 196.2(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Investigative procedures

  • 196.2 (1) A peace officer, or a person acting under a peace officer’s direction, is authorized by a warrant issued under section 196.12 or 196.13, an order made under section 196.14 or an authorization granted under section 196.24 to take samples of bodily substances by any of the following means:

• Marginal note:2000, c. 10, s. 1

  (2) Subsections 196.2(2) and (3) of the Act are replaced by the following:

  • Marginal note:Terms and conditions

    (2) The warrant or order shall include any terms and conditions that the military judge or court martial considers advisable to ensure that the taking of the samples 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 196.14 or an authorization granted under section 196.24, 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. 1

41. The portion of subsection 196.21(1) of the Act before paragraph (a) is replaced by the following:

42. Section 196.22 of the Act, as enacted by section 27 of the other Act, is replaced by the following:

• 43. (1) Paragraph 196.24(1)(a) of the Act, as enacted by section 28 of the other Act, is replaced by the following:

  • (a) a DNA profile cannot be derived from the bodily substances that were taken from that person under an order made under section 196.14; or

• (2) Paragraph 196.24(1)(b) of the English version of the Act, as enacted by section 28 of the other Act, is replaced by the following:

  • (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.

• (3) Subsection 196.24(2) of the English version of the Act, as enacted by section 28 of the other Act, is replaced by the following:

  • Marginal note:Reasons

    (2) The application shall state the reasons why a DNA profile cannot be derived from the bodily substances or why the information or bodily substances were not transmitted in accordance with the regulations or were lost.

• Marginal note:2000, c. 10, s. 1

  (4) Subsection 196.24(3) of the Act is replaced by the following:

  • Marginal note:For greater certainty

    (3) For greater certainty, the person who may be made subject to the authorization continues to be liable to be dealt with under the Code of Service Discipline for that purpose.

  • Marginal note:Persons not in custody

    (4) If the military judge authorizes the taking of samples of bodily substances from a person who is not in custody, an order in the prescribed form shall be directed to the person requiring them to report at the place, day and time set out in the order and submit to the taking of the samples.

• 44. (1) Subsection 196.241(1) of the Act, as enacted by section 29 of the other Act, is replaced by the following:

  Marginal note:Review by Director of Military Prosecutions

  • 196.241 (1) On receipt of a notice from the Commissioner under subsection 5.2(1) of the DNA Identification Act that an order made under section 196.14 or an authorization granted under section 196.24 appears to be defective, the Director of Military Prosecutions shall review the order or authorization and the court record.

• (2) The portion of subsection 196.241(2) of the English version of the Act before paragraph (a), as enacted by section 29 of the other Act, is replaced by the following:

  • Marginal note:Clerical error

    (2) If the Director of Military Prosecutions is of the opinion that the defect is due to a clerical error, the Director shall

• (3) Subsection 196.241(3) of the Act, as enacted by section 29 of the other Act, is replaced by the following:

  • Marginal note:Substantive defect

    (3) If the Director of Military Prosecutions is of the opinion that the offence referred to in the order or authorization is not a designated offence, the Director shall inform the Commissioner of that opinion.

Marginal note:2000, c. 10, s. 2

45. Paragraph 230(f) of the Act is replaced by the following:

Marginal note:2000, c. 10, s. 3

46. Paragraph 230.1(g) of the Act is replaced by the following:

COORDINATING AMENDMENTS

Marginal note:2005, c. 25

• 47. (1) On the day on which subsections 1(2) to (5) of the other Act come into force, paragraphs (a) and (a.1) of the definition “primary designated offence” in section 487.04 of the Criminal Code are renumbered respectively as paragraphs (a.1) and (a) of that definition and are repositioned accordingly.

• (2) On the later of the day on which section 3 of the other Act comes into force and the day on which subsection (1) produces its effects — or, if those days are the same day, then on that day — subsections 487.051(1) and (2) of the Criminal Code are replaced by the following:

  Marginal note:Order — primary designated offences

  • 487.051 (1) The court shall make an order in Form 5.03 authorizing the taking of the number of samples of bodily substances that is reasonably required for the purpose of forensic DNA analysis from a person who is convicted, discharged under section 730 or found guilty under the Youth Criminal Justice Act or the Young Offenders Act, of an offence committed at any time, including before June 30, 2000, if that offence is a primary designated offence within the meaning of paragraph (a) of the definition “primary designated offence” in section 487.04 when the person is sentenced or discharged.

  • Marginal note:Order — primary designated offences

    (2) The court shall make such an order in Form 5.03 in relation to a person who is convicted, discharged under section 730 or found guilty under the Youth Criminal Justice Act or the Young Offenders Act, of an offence committed at any time, including before June 30, 2000, if that offence is a primary designated offence within the meaning of any of paragraphs (a.1) to (d) of the definition “primary designated offence” in section 487.04 when the person is sentenced or discharged. However, the court is not required to make the order if it is satisfied that the person has established that the impact of such an order on their privacy and security of the person would be grossly disproportionate to the public interest in the protection of society and the proper administration of justice, to be achieved through the early detection, arrest and conviction of offenders.

Marginal note:2005, c. 25

• 48. (1) On the day on which subsection 23(1) of the other Act comes into force, paragraphs (a) and (a.1) of the definition “primary designated offence” in section 196.11 of the National Defence Act are replaced by the following:

  • (a) an offence within the meaning of paragraph (a) of the definition “primary designated offence” in section 487.04 of the Criminal Code that is punishable under section 130;

  • (a.1) an offence within the meaning of any of paragraphs (a.1) to (c.1) of the definition “primary designated offence” in section 487.04 of the Criminal Code that is punishable under section 130; and

• (2) On the later of the day on which section 24 of the other Act comes into force and the day on which subsection (1) produces its effects — or, if those days are the same day, then on that day — subsections 196.14(1) and (2) of the National Defence Act are replaced by the following:

  Marginal note:Order — primary designated offences

  • 196.14 (1) A court martial shall make an order in the prescribed form authorizing the taking of the number of samples of bodily substances that is reasonably required for the purpose of forensic DNA analysis from a person who is found guilty of an offence committed at any time, including before June 30, 2000, if that offence is a primary designated offence within the meaning of paragraph (a) of the definition “primary designated offence” in section 196.11 when the person is sentenced.

  • Marginal note:Order — primary designated offences

    (2) A court martial shall make such an order in the prescribed form in relation to a person who is found guilty of an offence committed at any time, including before June 30, 2000, if that offence is a primary designated offence within the meaning of paragraph (a.1) or (b) of the definition “primary designated offence” in section 196.11 when the person is sentenced. However, the court martial is not required to make the order if it is satisfied that the person has established that the impact of such an order on their privacy and security of the person would be grossly disproportionate to the public interest in the protection of society and the proper administration of military justice, to be achieved through the early detection, arrest and conviction of offenders.