View source for Breach of DNA Orders (Offence)

[[fr:violations des ordonnances d'ADN (infraction)]]
{{Currency2|January|2020}}
{{LevelZero}}{{HeaderOffences}}
{{HeaderDNA}}
{{OffenceBox 
|OffenceTitle=Breach of DNA Orders
|OffencePage=Breach of DNA Orders
|Section=487.0552 and 487.08(1.1) and 487.08(1) and (2)
|Act={{OBCCC}} 
|CrownElection={{OBHybridSummaryElection}}
|Jurisdiction={{OBJurisdictionAll-Under14}}
|Bail={{OBBailAll}} 
|SummaryDisp= {{OBDispAll}}
|SummaryMin= {{OBMinNone}} 
|SummaryMax= {{OBSConviction}} 
|IndictableDisp={{OBDispSame}}
|IndictableMin= {{OBMinNone}}
|IndictableMax= {{OBTime|2 years}} }}

==Overview==
The offences relating to '''breaches of DNA Orders''' are found in Part XV of the Criminal Code relating to "Special Procedure and Power".
There are four offences relating to the breach of a DNA Order. First, it is an offence under s. 487.0552 to fail to comply, including failing to attend for DNA sampling under summons, with a DNA Order under s. 487.051(4) or 487.055(3.11). Second, there are two offences under s. 487.08(1) and (1.1) relating to use of the bodily substances. Finally, there is an offence under s. 487.08(2) for the use of results from a forensic DNA analysis.

; Pleadings
{{PleadingsHeader-N}}
{{PleadingsHybridList-N|s. 487.0552 {{DescrSec|487.0552}} and <br>s. 487.08(1.1) {{DescrSec|487.08(1.1)}} | {{Yes}} | {{Yes-IfCrown}}| {{No-Under14}} }}
{{PleadingsSummaryList-N|s. 487.08(1), and (2) [unauthorized use of bodily substances] | {{No}} | {{No}} | {{No-Under14}} }}
{{PleadingsEnd}}

{{PleadingsHybridElection-Under14|s. 487.0552 and 487.08(1.1)}}

{{PleadingsSummary|s. 487.08(1) and (2)}}

; Release
{{ReleaseOptions-Hybrid|s. 487.0552, 487.08(1), (1.1), and (2)}}

:''<u>Reverse Onus Bail</u>''
{{ReverseOnusCirc}}

:''Fingerprints and Photos''
{{IDCriminalAct|s. 487.0552 and 487.08(1.1)}}

; Publication Bans
{{GeneralPubBan}}

; Offence Designations
{{DesignationHeader}}
|-
|s. 487.0552, 487.08(1), (1.1), and (2)|| {{XMark}} <!--wire--> || {{XMark}} <!--DO-->||{{XMark}} <!--SPIO--> || {{XMark}} <!--consent--> || {{XMark}} <!-- IRPA --> 
{{DesignationEnd}}
{{SeeBelowForAncillary}}

==Offence Wording==
{{quotation2|
; 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) {{AnnSec4|487.051(4)}} or 487.055(3.11) {{AnnSec4|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) {{AnnSec4|487.055(4)}} or 487.091(3) {{AnnSec4|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''.
<br>
{{LegHistory00s|2007, c. 22}}, s. 12.
|{{CCCSec2|487.0552}}
|{{NoteUp|487.0552|1|2}}
}}

{{quotation2|
; 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 {{AnnSec4|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.
<br>
; 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''.
<br>
; 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 {{AnnSec4|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.

<br>...<br>
; Offence
(3) Every person who contravenes subsection (1) {{AnnSec4|487.08(1)}} or (2) {{AnnSec4|487.08(2)}} is guilty of an offence punishable on summary conviction.

; Offence
(4) Every person who contravenes subsection (1.1) {{AnnSec4|487.08(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.

{{LegHistory90s|1995, c. 27}}, s. 1; 
{{LegHistory90s|1998, c. 37}}, s. 21; 
{{LegHistory00s|2000, c. 10}}, s. 22; 
{{LegHistory00s|2005, c. 25}}, s. 9; 
{{LegHistory00s|2007, c. 22}}, s. 19; 
{{LegHistory10s|2019, c. 25}}, s. 200.
{{Annotation}}
|{{CCCSec2|487.08}}
|{{NoteUp|487.08|1|1.1|2|3|4}}
}}

===Draft Form of Charges===
{{seealso|Draft Form of Charges}}
{{DraftHeader}}
|-
|487.08(3)
| failure to observe limitation on use of bodily substances subject to a warrant
|"{{ellipsis1}}, did use bodily substances or the results of forensic DNA analysis of a body substance, for the purpose not authorized by the warrant by which it was obtained{{ToWit-Conduct}} {{contrary|487.08(3)}}."
|-
|487.08(4)
| failure to observe limitation on use of bodily substances subject to an order
|"{{ellipsis1}}, did use bodily substances or the results of forensic DNA analysis of a body substance, for the purpose not authorized by the order by which it was obtained{{ToWit-Conduct}} {{contrary|487.08(4)}}."
{{DraftEnd}}

==Proof of the Offence==
{{ElementHeader}}
{{ElementLeft}}
{{Proving|breach of DNA orders|487.0552}}
{{InitialElements}}
# {{box}} the culprit failed to comply with an order;
# {{box}} the order was made under s. 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";
# {{box}} the culprit had no "reasonable excuse" for the offending conduct.

{{ElementRight}}

{{Proving|improper use of bodily substances taken by warrant|487.08}}
{{InitialElements}}
# {{box}} the culprit used bodily substances in any way;
# {{box}} the bodily substances was "taken in execution of" a warrant under s. 487.05 or 196.12 NDA; and
# {{box}} the use was not "for the purpose of forensic DNA analysis in the course of an investigation of a designated offence".

{{ElementLeft}}

{{Proving|improper use of bodily substances taken by order|487.08}}
{{InitialElements}}
# {{box}} the culprit used bodily substances in any way;
# {{box}} the bodily substances was "taken in execution of" an order made under s. 487.051 or 196.14 NDA "or under an authorization granted under section 487.055 or 487.091 of this Act or section 196.24 of the ''National Defence Act''";
# {{box}} the use was not for the "purpose of forensic DNA analysis in accordance with the ''DNA Identification Act''".

{{ElementRight}}

{{Proving|improper use of bodily substances analysis results|487.08}}
{{InitialElements}}
# {{box}} the culprit used the "results of forensic DNA analysis of bodily substances" in any way;
# {{box}} the bodily substances were "taken in execution of a warrant under section 487.05 or under section 196.12 of the ''National Defence Act''";
# {{box}} the use was not:
## {{box}} "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
# {{box}} "in any proceeding for such an offence."

{{ElementEnd}}

==Interpretation==

==Sentencing Principles and Factors==
{{seealsoSentencing}}

; Maximum Penalties
{{SProfileMaxHeader}}
{{SProfileMax|s. 487.08(1), and (2) [unauthorized use of bodily substances] | {{NA}} | {{summaryconviction}} }}
{{SProfileMax|s. 487.0552 [failure to comply with DNA order or summons]  | {{Summary}} | {{summaryconviction}} }}
{{SProfileMax|s. 487.08(1.1) [unauthorized use of bodily substances] | {{Summary}} | 	six months jail and/or a $2,000 fine }}
{{SProfileMax|s. 487.0552 [failure to comply with DNA order or summons] and <br>s. 487.08(1.1) [unauthorized use of bodily substances]  | {{Indictment}} | {{Max2Years}} }}
{{SProfileEnd}}

{{MaxPenaltyHybrid|s. 487.0552|'''2 years custody'''|'''{{summaryconviction}}'''}}

; Minimum Penalties
{{NoMinimumPenalties}}

; Available Dispositions
 {{SProfileAvailHeader}}
|s. 487.0552 || any || {{SProfileAll}}
{{SProfileEnd}}

{{AllDispositionsAvailable}}

; Consecutive Sentences
{{NoConsecutive}}

==Ancillary Sentencing Orders==
{{seealso|Ancillary Orders}}

; Offence-specific Orders
* None

; General Sentencing Orders
{{GeneralSentencingOrders}}

; General Forfeiture Orders
{{GeneralForfeitureOrders}}
==Record Suspensions and Pardons== 
{{RecordSuspension|s. 487.0552 and 487.08}}

==History==
{{seealso|List of Criminal Code Amendments|Table of Concordance (Criminal Code)}}

===2000 to 2007===

Prior to 2007 amendment, the section read in part:
{{quotation1|
; 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.
<br>
; Use of bodily substances — order, authorization
(1.1) No person shall use bodily substances that are taken in execution of an order under section 487.051 or 487.052, under an authorization under section 487.055 or 487.091, in execution of an order under section 196.14 or 196.15 of the ''National Defence Act'', or under an authorization under section 196.24 of that Act except
:(a) to use them for the purpose of forensic DNA analysis; or
:(b) to transmit any portions of samples of those bodily substances that are not used in forensic DNA analysis to the Commissioner of the Royal Canadian Mounted Police under subsection 487.071(2).

...<br>
; Offence
(4) Every person who contravenes subsection (1.1) or (2.1)
:(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 and liable to a fine not exceeding $2,000 or to imprisonment for a term not exceeding six months, or to both.

{{LegHistory90s|1995, c. 27}}, s. 1; {{LegHistory90s|1998, c. 37}}, s. 21; {{LegHistory00s|2000, c. 10}}, s. 22.
|[http://canlii.ca/t/hzbm CCC]
|{{NoteUp|}}
}}

==See Also==
* [[Breach of SOIRA Orders (Offence)]]