Taking of Sample of DNA Under Section 487.056

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When collection to take place

487.056 (1) Samples of bodily substances shall be taken as authorized under section 487.051 [DNA Orders — primary designated offences]

(a) at the place, day and time set out in an order made under subsection 487.051(4) [DNA Orders – primary designated offences & form of order] 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 [DNA Orders — offenders serving sentences] or 487.091 [collection of additional bodily substances]

(a) at the place, day and time set out in an order made under subsection 487.055(3.11) [DNA Orders – offenders serving sentences – order] or a summons referred to in subsection 487.055(4) [DNA Orders – offenders serving sentences – summons] or 487.091(3) [collection of additional bodily substances – persons not in custody] 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) [DNA Orders – primary designated offences & form of order] or 487.055(3.11) [DNA Orders – offenders serving sentences – order] or a summons referred to in subsection 487.055(4) [DNA Orders – offenders serving sentences – summons] or 487.091(3) [collection of additional bodily substances – persons not in custody], 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) [when collection to take place] 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 [DNA Orders — primary designated offences], 487.055 [DNA Orders — offenders serving sentences] or 487.091 [collection of additional bodily substances] 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.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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Section 487.056(4) does not remove inherent jurisdiction of the courts to stay pending conviction appeal an order for a DNA sample.

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 [forms] and cause the report to be filed with

(a) the provincial court judge who issued the warrant under section 487.05 [warrant to Obtain DNA samples] or granted the authorization under section 487.055 [DNA Orders — offenders serving sentences] or 487.091 [collection of additional bodily substances] or another judge of that provincial court; or

(b) the court that made the order under section 487.051 [DNA Orders — primary designated offences].

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.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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