Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Review by Attorney General

• 487.0911 (1) On receipt of a notice from the Commissioner of the Royal Canadian Mounted Police under subsection 5.2(1) of the DNA Identification Act that an order made under section 487.051 or an authorization granted under section 487.091 appears to be defective, the Attorney General shall review the order or authorization and the court record.

• Marginal note:Clerical error

  (2) If the Attorney General is of the opinion that the defect is due to a clerical error, the Attorney General shall

  • (a) apply, ex parte, to the judge who made the order or authorization, or to a judge of the same court, to have it corrected; and

  • (b) transmit a copy of the corrected order or authorization, if any, to the Commissioner.

• Marginal note:Substantive defect

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

• Marginal note:No defect

  (4) If the Attorney General is of the opinion that the offence referred to in the order or authorization is a designated offence, the Attorney General shall transmit that opinion, with written reasons, to the Commissioner.