GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
National Defence Act — N-5 196.14
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. 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. Order — persons found not responsible and secondary designated offences (3) A court martial may, on application by the prosecutor and if it is satisfied that it is in the best interests of the administration of military justice to do so, make such an order in the prescribed form in relation to (a) a person who is found not responsible on account of mental disorder for an offence committed at any time, including before June 30, 2000, if that offence is a designated offence when the finding is made; or (b) a person who is found guilty of an offence committed at any time, including before June 30, 2000, if that offence is a secondary designated offence when the person is sentenced. In deciding whether to make the order, the court martial shall consider the nature of the offence and the circumstances surrounding its commission, any previous convictions, any previous finding of not responsible on account of mental disorder for a designated offence and the impact that such an order would have on the person’s privacy and security and shall give reasons for the decision. Order to offender (4) When a court martial makes an order authorizing the taking of samples of bodily substances, it may make an order in the prescribed form 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. 2000, c. 10, s. 1; 2005, c. 25, s. 24; 2007, c. 22, ss. 36, 48 2019, c. 15, s. 31
National Defence Act — N-5 196.16
Timing of order 196.16 (1) The court martial may make an order under section 196.14 authorizing the taking of samples of bodily substances either when it imposes a sentence on a person or finds them not responsible on account of mental disorder or at a later date if it adjourns the proceedings after it imposes the sentence or makes the finding. Hearing by new court martial (2) If the court martial does not consider the matter at that time, (a) the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to do so; (b) the Court Martial Administrator shall, within 90 days after the day on which the sentence was imposed or the person was found not responsible on account of mental disorder, convene the court martial; and (c) for greater certainty, the person who may be made subject to the order continues to be liable to be dealt with under the Code of Service Discipline for the purpose of the hearing. 2000, c. 10, s. 1; 2005, c. 25, s. 25; 2007, c. 22, s. 5; 2008, c. 29, s. 17
National Defence Act — N-5 196.161
Failure to appear 196.161 (1) If a person fails to appear at the place, day and time set out in an order made under subsection 196.14(4) or 196.24(4), a military judge may issue a warrant in the prescribed form for their arrest to allow samples of bodily substances to be taken. Warrant in force (2) The warrant may be executed anywhere in or outside Canada by a peace officer who has jurisdiction in that place or over the person. The warrant remains in force until it is executed. 2005, c. 25, s. 25; 2007, c. 22, s. 5
National Defence Act — N-5 196.17
When collection to take place 196.17 (1) Samples of bodily substances shall be taken as authorized under section 196.14 (a) at the place, day and time set out in an order made under subsection 196.14(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. When collection to take place (1.1) Samples of bodily substances shall be taken as authorized under section 196.24 (a) at the place, day and time set out in an order made under subsection 196.24(4) or as soon as feasible afterwards; or (b) in any other case, as soon as feasible after the authorization is granted. When collection to take place (1.2) If a person fails to appear as required by an order made under subsection 196.14(4) or 196.24(4), samples of bodily substances shall be taken (a) when the person is arrested under a warrant issued under subsection 196.161(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 if no warrant is issued. Appeal (1.3) Subsections (1) to (1.2) apply even if the order or authorization to take the samples of bodily substances is appealed. Collection of samples (2) A peace officer who is authorized under section 196.14 or 196.24 to take samples of bodily substances may cause the samples to be taken in any place in or outside Canada in which the person who is subject to the order or authorization is located. Who collects samples (3) 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. 2000, c. 10, s. 1; 2005, c. 25, s. 26; 2007, c. 22, s. 37
National Defence Act — N-5 196.18
Report of peace officer 196.18 (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 the prescribed form and cause the report to be filed with (a) the military judge who issued the warrant under section 196.12 or 196.13 or who granted the authorization under section 196.24, or another military judge; or (b) the Court Martial Administrator, in the case of an order made by a court martial under section 196.14. Contents of report (2) The report shall state the time and date the samples were taken, and describe the bodily substances that were taken. Copy of report (2.1) The 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. Unexecuted telewarrant (3) If a peace officer does not execute a warrant that was issued in accordance with section 196.13, the peace officer must make a report stating the reasons why the warrant was not executed. 2000, c. 10, s. 1; 2007, c. 22, s. 38
National Defence Act — N-5 196.19
No criminal or civil liability 196.19 No peace officer, and no person acting under a peace officer’s direction, incurs any disciplinary, criminal or civil liability for anything necessarily done with reasonable care and skill in the taking of samples of bodily substances in execution of a warrant issued under section 196.12 or 196.13 or an order made under section 196.14 or under an authorization granted under section 196.24. 2000, c. 10, s. 1; 2007, c. 22, s. 39
National Defence Act — N-5 196.2
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: (a) the plucking of individual hairs, 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. 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. 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 . 2000, c. 10, s. 1; 2007, c. 22, s. 40
National Defence Act — N-5 196.21
Duty to inform 196.21 (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 196.12 or 196.13 or an order made under section 196.14 or under an authorization granted under section 196.24, a peace officer shall inform the person of (a) the contents of the warrant or order; (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 person acting under the officer’s direction to use as much force as is reasonably necessary for the purpose of taking the samples; and (e) in the case of samples of bodily substances taken in execution of a warrant, the possibility that the results of forensic DNA analysis may be used in evidence. Detention of person (2) A person from whom samples of bodily substances are to be taken may, for that purpose, be detained for a period that is reasonable in the circumstances and be required to accompany a peace officer. Respect of privacy (3) A peace officer, or any person acting under a peace officer’s direction, who takes samples of bodily substances from a person shall ensure that the person’s privacy is respected in a manner that is reasonable in the circumstances. 2000, c. 10, s. 1; 2007, c. 22, s. 41
National Defence Act — N-5 196.22
Verification 196.22 (1) Before taking samples of bodily substances from a person under an order made under section 196.14 or an authorization granted under section 196.24, a peace officer, or a person acting under their direction, shall verify whether the convicted offenders index of the national DNA data bank, established under the DNA Identification Act , contains the person’s DNA profile. DNA profile in data bank (2) If the person’s DNA profile is in the convicted offenders index of the national DNA data bank, the peace officer or person acting under their direction shall not take any bodily substances from the person but shall (a) confirm in writing on the order or authorization that they have been advised that the person’s DNA profile is in the national DNA data bank; and (b) transmit a copy of the order or authorization containing that confirmation and any other information prescribed by regulations made under the DNA Identification Act to the Commissioner. DNA profile not in data bank (3) If the person’s DNA profile is not in the convicted offenders index of the national DNA data bank, the peace officer or person acting under their direction shall execute the order or authorization and transmit to the Commissioner (a) any bodily substances taken; and (b) a copy of the order or authorization and any other information prescribed by regulations made under the DNA Identification Act . 2000, c. 10, s. 1; 2005, c. 25, s. 27; 2007, c. 22, s. 42
National Defence Act — N-5 196.23
Destruction of bodily substances, etc. 196.23 (1) Subject to subsection (2), bodily substances that are taken from a person in execution of a warrant under section 196.12 and the results of forensic DNA analysis shall be destroyed or, in the case of results in electronic form, access to those results shall be permanently removed, without delay after (a) the results of the analysis establish that the bodily substance referred to in paragraph 196.12(1)(b) was not from that person; (b) the person is finally acquitted of the designated offence and of any other offence in respect of the same transaction; or (c) the expiry of one year after the charge is withdrawn unless during that year the person is again charged with the designated offence or any other offence in respect of the same transaction. Exception (2) A military judge may order that the bodily substances that are taken from a person and the results of forensic DNA analysis not be destroyed during any period that the judge considers appropriate if the judge is satisfied that they might reasonably be required in an investigation or prosecution of the person for another designated offence or of another person for the designated offence or any other offence in respect of the same transaction. Destruction of bodily substances, etc., voluntarily given (3) Bodily substances that are provided voluntarily by a person and the results of forensic DNA analysis shall be destroyed or, in the case of results in electronic form, access to those results shall be permanently removed, without delay after the results of the analysis establish that the bodily substance referred to in paragraph 196.12(1)(b) was not from that person. 2000, c. 10, s. 1
National Defence Act — N-5 196.24
Collection of additional bodily substances 196.24 (1) A military judge may, on ex parte application made in the prescribed form within a reasonable time, authorize, in the prescribed form, the taking from a person, for the purpose of forensic DNA analysis, of any number of additional samples of bodily substances that is reasonably required for that purpose if (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 (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. 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. 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. 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. 2000, c. 10, s. 1; 2005, c. 25, s. 28; 2007, c. 22, s. 43
National Defence Act — N-5 196.241
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. 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 (a) apply, ex parte , to the military judge who made the order, or to another military judge, to have it corrected; and (b) transmit a copy of the corrected order or authorization, if any, to the Commissioner. 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. No defect (4) If the Director of Military Prosecutions is of the opinion that the offence referred to in the order or authorization is a designated offence, the Director shall transmit that opinion, with written reasons, to the Commissioner. 2005, c. 25, s. 29; 2007, c. 22, s. 44
National Defence Act — N-5 196.25
Order denying access to information used to obtain a warrant 196.25 (1) A military judge may, on application made at the time of issuing a warrant, make an order prohibiting access to and the disclosure of any information relating to the warrant on the ground that (a) the ends of justice would be subverted by the disclosure for one of the reasons referred to in subsection (2) or the information might be used for an improper purpose; and (b) the ground referred to in paragraph (a) outweighs in importance the access to the information. Reasons (2) For the purpose of paragraph (1)(a), an order may be made under subsection (1) on the ground that the ends of justice would be subverted by the disclosure (a) if disclosure of the information would (i) compromise the identity of a confidential informant, (ii) compromise the nature and extent of an ongoing investigation, (iii) endanger a person engaged in particular intelligence-gathering techniques and thereby prejudice future investigations in which similar techniques would be used, or (iv) prejudice the interests of an innocent person; and (b) for any other sufficient reason. Procedure (3) If an order is made under subsection (1), all documents relating to the application shall, subject to any terms and conditions that the military judge considers desirable in the circumstances, including terms and conditions concerning the duration of the prohibition, partial disclosure of a document, deletion of any information or the occurrence of a condition, be placed in a packet and sealed by the military judge immediately on determination of the application, and that packet shall be kept in the custody of the Court Martial Administrator in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (4). Application for variance of order (4) An application to terminate the order or vary any of its terms and conditions may be made to the military judge who made the order or to another military judge. 2000, c. 10, s. 1
National Defence Act — N-5 196.26
Meaning of designated offence 196.26 In this Division, designated offence means an offence under any of the following provisions of this Act: (a) paragraphs 75(a) to (d) (offences related to security); (b) paragraphs 77(a) and (d) to (i) (offences related to operations); (c) section 78 (spying for the enemy); (d) section 79 (mutiny with violence); (e) section 80 (mutiny without violence); (f) paragraphs 81(a) and (b) (offences related to mutiny); (g) section 84 (striking or offering violence to a superior officer); (h) paragraphs 87(a) to (c) (resisting arrest or custody); (i) section 95 (abuse of subordinates); (j) section 100 (setting free without authority or allowing or assisting escape); (k) section 101 (escape from custody); (l) section 101.1 (failure to comply with conditions); (m) section 102 (hindering arrest or confinement or withholding assistance); (n) paragraphs 111(1)(a) and (b) (improper driving of vehicles); (o) section 113 (causing fires); (p) section 114 (stealing); (q) section 115 (receiving); (r) paragraphs 116(a) and (b) (destruction, damage, loss or improper disposal), if the conduct is wilful; (s) paragraphs 117(a) to (d) and (f) (miscellaneous offences), except where the offender unlawfully obtains transportation by fraud; (t) section 118 (offences in relation to tribunals); (u) section 118.1 (failure to appear or attend); (v) section 119 (false evidence); (w) section 124 (negligent performance of duties), if the negligence results in death or bodily harm; (x) section 127 (negligent handling of dangerous substances); (y) section 128 (conspiracy); or (z) section 130 (service trial of civil offences), if the act or omission is punishable under any other Act of Parliament and constitutes an offence under that other Act that is an indictable offence or is deemed to be an indictable offence by paragraph 34(1)(a) of the Interpretation Act . 2002, c. 13, s. 88
National Defence Act — N-5 196.27
Fingerprints and photographs 196.27 (1) Any person who is charged with, or convicted by a court martial of, a designated offence may be fingerprinted or photographed or subjected to any other measurement, process or operation having the object of identifying persons that is approved by order of the Governor in Council under the Identification of Criminals Act . Use of force (2) Such force may be used as is necessary to the effectual carrying out and application of the measurements, processes and operations described in subsection (1). Publication (3) The results of the measurements, processes and operations to which a person has been subjected under subsection (1) may be published for the purpose of affording information to peace officers within the meaning of Division 6.1 and others engaged in the execution or administration of the law. 2002, c. 13, s. 88
National Defence Act — N-5 196.28
No liability for acting under this Division 196.28 No civil or criminal liability shall be incurred by any person for anything lawfully done under this Division or by any person concerned in the publication of results for the purpose of subsection 196.27(3). 2002, c. 13, s. 88
National Defence Act — N-5 196.29
Destruction of fingerprints, photographs, etc. 196.29 Fingerprints, photographs and other measurements that are taken under subsection 196.27(1) from a person who is charged with a designated offence shall be destroyed without delay, on application by the person, if the charge has not been proceeded with in the three years after the charge is laid. 2002, c. 13, s. 88 2019, c. 15, s. 32
National Defence Act — N-5 197
Definitions 197 For the purposes of this Division, appropriate province means (a) in respect of a court martial held in Canada, the province in which it is held, or (b) in respect of a court martial held outside Canada, the province with which the Minister makes arrangements for the benefit and welfare of the accused person; ( province concernée ) assessment means an assessment of the mental condition of the accused person, and any incidental observation or examination of the accused person; ( évaluation ) disposition means an order made by a court martial under section 201, 202 or 202.16 or a finding made by a court martial under subsection 202.161(4); ( décision ) medical practitioner means a person who is entitled to practise medicine by the laws of a province; ( médecin ) Review Board means the Review Board established or designated for a province pursuant to subsection 672.38(1) of the Criminal Code ; ( commission d’examen ) significant threat to the safety of the public means a risk of serious physical or psychological harm to members of the public — including any victim of or witness to the offence, or any person under the age of 18 years — resulting from conduct that is criminal in nature but not necessarily violent. ( risque important pour la sécurité du public ) R.S., 1985, c. N-5, s. 197; 1991, c. 43, s. 18; 1998, c. 35, s. 92 2014, c. 6, s. 21
National Defence Act — N-5 (a)
appropriate province means (a) in respect of a court martial held in Canada, the province in which it is held, or (b) in respect of a court martial held outside Canada, the province with which the Minister makes arrangements for the benefit and welfare of the accused person; ( province concernée )