GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 487.053
Timing of order 487.053 (1) The court may make an order under section 487.051 authorizing the taking of samples of bodily substances when it imposes a sentence on a person, finds the person not criminally responsible on account of mental disorder or directs that they be discharged under section 730. Hearing (2) If the court does not consider the matter at that time, it (a) shall, within 90 days after the day on which it imposes the sentence, makes the finding or directs that the person be discharged, set a date for a hearing to do so; (b) retains jurisdiction over the matter; and (c) may require the person to appear by closed-circuit television or videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel. 1998, c. 37, s. 17; 2000, c. 10, s. 14; 2005, c. 25, s. 4; 2007, c. 22, s. 3 2019, c. 25, s. 198
Criminal Code — C-46 487.054
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). 1998, c. 37, s. 17; 2007, c. 22, s. 10
Criminal Code — C-46 487.055
e 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. 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. Service on individual (5) The summons shall be accompanied by a copy of the authorization referred to in subsection (1) and be served by a peace officer who shall either deliver it personally to the person to whom it is directed or, if that person cannot conveniently be found, leave it for the person at their latest or usual place of residence with any person found there who appears to be at least sixteen years of age. (6) [Repealed, 2008, c. 18, s. 13] (7) to (10) [Repealed, 2007, c. 22, s. 11] 1998, c. 37, s. 17; 2000, c. 10, s. 15; 2005, c. 25, s. 5; 2007, c. 22, s. 11; 2008, c. 18, s. 13 2019, c. 25, s. 199
Criminal Code — C-46 487.0551
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. 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. 2007, c. 22, s. 12
Criminal Code — C-46 487.0552
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. 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 . 2007, c. 22, s. 12
Criminal Code — C-46 487.056
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. 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. 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. Appeal (4) Subsections (1) to (3) apply even if the order or authorization to take the samples of bodily substances is appealed. 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. 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. 1998, c. 37, s. 17; 2000, c. 10, s. 16; 2002, c. 1, s. 179(E); 2005, c. 25, s. 6; 2007, c. 22, s. 13
Criminal Code — C-46 487.057
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. Contents of report (2) The report shall include (a) a statement of the time and date the samples were taken; and (b) a description of the bodily substances that were taken. 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. 1998, c. 37, s. 17; 2000, c. 10, s. 17; 2007, c. 22, s. 14
Criminal Code — C-46 487.058
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. 1998, c. 37, s. 17; 2000, c. 10, s. 18; 2007, c. 22, s. 15
Criminal Code — C-46 487.06
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: (a) the plucking of individual hairs from the person, 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, order or authorization shall include any terms and conditions that the provincial court judge or court, as the case may be, considers advisable to ensure that the taking of the samples authorized by the warrant, order or authorization 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 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 . 1995, c. 27, s. 1; 1998, c. 37, s. 18; 2000, c. 10, s. 19; 2007, c. 22, s. 16
Criminal Code — C-46 487.07
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 (a) the contents of the warrant, order or authorization; (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 other person under the direction of the peace officer to use as much force as is necessary for the purpose of taking the samples; and (d.1) [Repealed, 2000, c. 10, s. 20] (e) in the case of samples of bodily substances taken in execution of a warrant, (i) the possibility that the results of forensic DNA analysis may be used in evidence, and (ii) if the sample is taken from a young person, the rights of the young person under subsection (4). Detention of person (2) A person from whom samples of bodily substances are to be taken may (a) be detained for that purpose for a period that is reasonable in the circumstances; and (b) be required to accompany a peace officer for that purpose. Respect of privacy (3) A peace officer who takes samples of bodily substances from a person, or a person who takes such samples under the direction of a peace officer, shall ensure that the person’s privacy is respected in a manner that is reasonable in the circumstances. Execution of warrant against young person (4) A young person against whom a warrant is executed has, in addition to any other rights arising from his or her detention under the warrant, (a) the right to a reasonable opportunity to consult with, and (b) the right to have the warrant executed in the presence of counsel and a parent or, in the absence of a parent, an adult relative or, in the absence of a parent and an adult relative, any other appropriate adult chosen by the young person. Waiver of rights of young person (5) A young person may waive his or her rights under subsection (4) but any such waiver (a) must be recorded on audio tape or video tape or otherwise; or (b) must be made in writing and contain a statement signed by the young person that he or she has been informed of the right being waived. 1995, c. 27, ss. 1, 3; 1998, c. 37, s. 19; 2000, c. 10, s. 20; 2007, c. 22, s. 17
Criminal Code — C-46 487.071
Verification 487.071 (1) Before taking samples of bodily substances from a person under an order made under section 487.051 or an authorization granted under section 487.055 or 487.091, 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 he or she has been advised that the person’s DNA profile is in the 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 of the Royal Canadian Mounted Police. 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 of the Royal Canadian Mounted Police (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 . 1998, c. 37, s. 20; 2000, c. 10, s. 21; 2005, c. 25, s. 8; 2007, c. 22, s. 18
Criminal Code — C-46 487.08
Use of bodily substances — warrant 487.08 (1) No person shall use bodily substances that are taken in execution of a warrant under section 487.05 or under section 196.12 of the National Defence Act except to use them for the purpose of forensic DNA analysis in the course of an investigation of a designated offence. Use of bodily substances — order, authorization (1.1) No person shall use bodily substances that are taken in execution of an order made under section 487.051 of this Act or section 196.14 of the National Defence Act , or under an authorization granted under section 487.055 or 487.091 of this Act or section 196.24 of the National Defence Act , except to transmit them to the Commissioner of the Royal Canadian Mounted Police for the purpose of forensic DNA analysis in accordance with the DNA Identification Act . Use of results — warrant (2) No person shall use the results of forensic DNA analysis of bodily substances that are taken in execution of a warrant under section 487.05 or under section 196.12 of the National Defence Act except (a) in the course of an investigation of the designated offence or any other designated offence in respect of which a warrant was issued or a bodily substance was found in the circumstances described in paragraph 487.05(1)(b) or in paragraph 196.12(1)(b) of the National Defence Act ; or (b) in any proceeding for such an offence. (2.1) [Repealed, 2005, c. 25, s. 9] Offence (3) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction. Offence (4) Every person who contravenes subsection (1.1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) is guilty of an offence punishable on summary conviction. 1995, c. 27, s. 1; 1998, c. 37, s. 21; 2000, c. 10, s. 22; 2005, c. 25, s. 9; 2007, c. 22, s. 19 2019, c. 25, s. 200
Criminal Code — C-46 487.09
Destruction of bodily substances, etc. — warrant 487.09 (1) Subject to subsection (2), bodily substances that are taken from a person in execution of a warrant under section 487.05 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 that analysis establish that the bodily substance referred to in paragraph 487.05(1)(b) was not from that person; (b) the person is finally acquitted of the designated offence and any other offence in respect of the same transaction; or (c) the expiration of one year after (i) the person is discharged after a preliminary inquiry into the designated offence or any other offence in respect of the same transaction, (ii) the dismissal, for any reason other than acquittal, or the withdrawal of any information charging the person with the designated offence or any other offence in respect of the same transaction, or (iii) any proceeding against the person for the offence or any other offence in respect of the same transaction is stayed under section 579 or under that section as applied by section 572 or 795, unless during that year a new information is laid or an indictment is preferred charging the person with the designated offence or any other offence in respect of the same transaction or the proceeding is recommenced. Exception (2) A provincial court 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 provincial court judge considers appropriate if the provincial court judge is satisfied that the bodily substances or results 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 that analysis establish that the bodily substance referred to in paragraph 487.05(1)(b) was not from that person. 1995, c. 27, s. 1; 1998, c. 37, s. 22
Criminal Code — C-46 487.091
Collection of additional bodily substances 487.091 (1) A provincial court judge may, on ex parte application made in Form 5.08, authorize in Form 5.09 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, by means of the investigative procedures described in subsection 487.06(1), if (a) a DNA profile cannot be derived from the bodily substances that were taken from that person under an order made under section 487.051 or an authorization granted under section 487.055; 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. Persons not in custody (3) If the court authorizes the taking of samples of bodily substances from a person who is not in custody, a summons in Form 5.061 setting out the information referred to in paragraphs 487.07(1)(b) to (d) shall be directed to the person requiring them to report at the place, day and time set out in the summons and submit to the taking of the samples. Subsections 487.055(5) and (6) apply, with any modifications that the circumstances require. 1998, c. 37, s. 23; 2000, c. 10, s. 23; 2005, c. 25, s. 10; 2007, c. 22, s. 20
Criminal Code — C-46 487.0911
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. 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. 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. 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. 2005, c. 25, s. 11; 2007, c. 22, s. 21
Criminal Code — C-46 487.092
Information for impression warrant 487.092 (1) A justice may issue a warrant in writing authorizing a peace officer to do any thing, or cause any thing to be done under the direction of the peace officer, described in the warrant in order to obtain any handprint, fingerprint, footprint, foot impression, teeth impression or other print or impression of the body or any part of the body in respect of a person if the justice is satisfied (a) by information on oath in writing that there are reasonable grounds to believe that an offence against this or any other Act of Parliament has been committed and that information concerning the offence will be obtained by the print or impression; and (b) that it is in the best interests of the administration of justice to issue the warrant. Search or seizure to be reasonable (2) A warrant issued under subsection (1) shall contain such terms and conditions as the justice considers advisable to ensure that any search or seizure authorized by the warrant is reasonable in the circumstances. Execution in Canada (3) 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. (4) [Repealed, 2022, c. 17, s. 21] 1997, c. 18, s. 45; 1998, c. 37, s. 23 2019, c. 25, s. 201 2022, c. 17, s. 21
Criminal Code — C-46 487.093
Duty of person executing certain warrants 487.093 (1) A person who executes a warrant issued under subsection 110.1(5), 117.0101(6), 117.04(1), 199(1), 395(1) or 487(1) shall, during that execution, (a) give the following to any person who is present and ostensibly in control of the building, receptacle or place to be searched: (i) a copy of the warrant, and (ii) a notice in Form 5.1 setting out the address of the court before which anything seized during the execution may be brought or from which a copy of a report on anything so seized may be obtained; (b) affix the copy and the notice in a prominent location within the building or place or on or next to the receptacle, if there is no person present and ostensibly in control of the building, receptacle or place; or (c) give the copy and the notice to the person to be searched, if the warrant is issued under subsection 395(1) for the search of a person. Exception (2) Subsection (1) does not apply if the warrant authorizes the search of anything that is detained under this Act after it has been lawfully seized. 2022, c. 17, s. 22 2023, c. 32, s. 70
Criminal Code — C-46 487.1
ssues the warrant, order, extension or authorization may do so by a means of telecommunication, in which case (a) the judicial officer shall complete and sign the document in question, noting on its face the time and date; (b) if the means of telecommunication produces a writing, the judicial officer shall transmit a copy of the document to the applicant by that means; and (c) if the means of telecommunication does not produce a writing, the applicant shall, as directed by the judicial officer, transcribe the document, noting on its face the name of the judicial officer as well as the time and date. Definitions (11) The following definitions apply in this section. judicial officer means a judge or justice who is authorized, under the applicable provision of this Act, to issue a warrant, order, extension or authorization referred to in subsection (1). ( fonctionnaire judiciaire ) public officer means a public officer who is appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament. ( fonctionnaire public ) R.S., 1985, c. 27 (1st Supp.), s. 69; 1992, c. 1, ss. 58, 59(E), 60(F); 1994, c. 44, s. 37; 2018, c. 21, s. 19 2022, c. 17, s. 22 2023, c. 26, s. 220 2023, c. 32, s. 70
Criminal Code — C-46
judicial officer means a judge or justice who is authorized, under the applicable provision of this Act, to issue a warrant, order, extension or authorization referred to in subsection (1). ( fonctionnaire judiciaire )