Criminal Code

Marginal note:Information for warrant to take bodily substances for forensic DNA analysis

• 487.05 (1) A provincial court judge who on ex parte application made in Form 5.01 is satisfied by information on oath that there are reasonable grounds to believe

  • (a) that a designated offence has been committed,

  • (b) that a bodily substance has been found or obtained

    • (i) at the place where the offence was committed,

    • (ii) on or within the body of the victim of the offence,

    • (iii) on anything worn or carried by the victim at the time when the offence was committed, or

    • (iv) on or within the body of any person or thing or at any place associated with the commission of the offence,

  • (c) that a person was a party to the offence, and

  • (d) that forensic DNA analysis of a bodily substance from the person will provide evidence about whether the bodily substance referred to in paragraph (b) was from that person

  and who is satisfied that it is in the best interests of the administration of justice to do so may issue a warrant in Form 5.02 authorizing the taking, from that person, for the purpose of forensic DNA analysis, of any number of samples of one or more bodily substances that is reasonably required for that purpose, by means of the investigative procedures described in subsection 487.06(1).

• Marginal note:Criteria

  (2) In considering whether to issue the warrant, the provincial court judge shall have regard to all relevant matters, including

  • (a) the nature of the designated offence and the circumstances of its commission; and

  • (b) whether there is

    • (i) a peace officer who is able, by virtue of training or experience, to take samples of bodily substances from the person, by means of the investigative procedures described in subsection 487.06(1), or

    • (ii) another person who is able, by virtue of training or experience, to take, under the direction of a peace officer, samples of bodily substances from the person, by means of those investigative procedures.

• Marginal note:Telewarrant

  (3) Where a peace officer believes that it would be impracticable to appear personally before a judge to make an application for a warrant under this section, a warrant may be issued under this section on an information submitted by telephone or other means of telecommunication and, for that purpose, section 487.1 applies, with such modifications as the circumstances require, to the warrant.

• Marginal note:Execution in Canada

  (4) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.