Body Print Impression Warrant: Difference between revisions
No edit summary |
|||
| (17 intermediate revisions by the same user not shown) | |||
| Line 1: | Line 1: | ||
[[fr:Mandat d'empreinte corporelle]] | |||
{{Currency2|January|2023}} | |||
{{HeaderWarrants}} | {{HeaderWarrants}} | ||
==General Principles== | ==General Principles== | ||
{{seealso|Seizure of Bodily Samples}} | {{seealso|Seizure of Bodily Samples}} | ||
Section 487.092 was enacted on June 16, 1997 through Bill C-17. | Section 487.092 was enacted on June 16, 1997, through Bill C-17. | ||
{{ | {{quotation2| | ||
; Information for impression warrant | ; 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 | 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 | ||
| Line 14: | Line 15: | ||
; Search or seizure to be reasonable | ; 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. | (2) A warrant issued under subsection (1) {{AnnSec4|487.092(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 | ; 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. | (3) A warrant issued under subsection (1) {{AnnSec4|487.092(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] | |||
{{LegHistory90s|1997, c. 18}}, s. 45; | {{LegHistory90s|1997, c. 18}}, s. 45; | ||
{{LegHistory90s|1998, c. 37}}, s. 23; | {{LegHistory90s|1998, c. 37}}, s. 23; | ||
{{LegHistory10s|2019, c. 25}}, s. 201 | {{LegHistory10s|2019, c. 25}}, s. 201; | ||
| | {{LegHistory20s|2022, c. 17}}, s. 21. | ||
{{Annotation}} | |||
|{{CCCSec2|487.092}} | |||
|{{NoteUp|487.092|1|2|3}} | |||
}} | }} | ||
A warrant authorized under s .487.092 permits a peace officer to "do anything" as directed by the warrant to obtain a "handprint, fingerprint, footprint, foot impression, teeth impression or other print or impression of the body or any part of the body" | A warrant authorized under s .487.092 permits a peace officer to "do anything" as directed by the warrant to obtain a "handprint, fingerprint, footprint, foot impression, teeth impression or other print or impression of the body or any part of the body." | ||
The warrant requires that the authorizing "justice" be satisfied there are "reasonable grounds to believe": | The warrant requires that the authorizing "justice" be satisfied there are "reasonable grounds to believe": | ||
| Line 37: | Line 41: | ||
see [[Definition of Judicial Officers and Offices]] | see [[Definition of Judicial Officers and Offices]] | ||
</ref> | </ref> | ||
{{reflist|2}} | {{reflist|2}} | ||
Latest revision as of 09:53, 3 November 2024
| This page was last substantively updated or reviewed January 2023. (Rev. # 96700) |
General Principles
Section 487.092 was enacted on June 16, 1997, through Bill C-17.
- 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) [information for impression warrant] 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) [information for impression warrant] 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.
[annotation(s) added]
A warrant authorized under s .487.092 permits a peace officer to "do anything" as directed by the warrant to obtain a "handprint, fingerprint, footprint, foot impression, teeth impression or other print or impression of the body or any part of the body."
The warrant requires that the authorizing "justice" be satisfied there are "reasonable grounds to believe":
- "an offence against this or any other Act of Parliament has been committed";
- "that information concerning the offence will be obtained by the print or impression";
- it is "best interests of the administration of justice".
"Justice" refers to a justice of the peace or a provincial court judge.[1]