Miscellaneous DNA Provisions

This page was last substantively updated or reviewed January 2020. (Rev. # 95402)

• < Sentencing
• < Ancillary Orders
• < DNA Orders

DNA Order for Offenders Convicted Prior to June 30, 2000

Offenders serving sentences

487.055 (1) A provincial court judge may, on ex parte application made in Form 5.05 [forms], authorize in Form 5.06 [forms] the taking, for the purpose of forensic DNA analysis, of any number of samples of bodily substances that is reasonably required for that purpose, by means of the investigative procedures described in subsection 487.06(1) [procedure of taking sample for s. 487.05 DNA warrant – means of sampling], from a person who, before June 30, 2000,

(a) had been declared a dangerous offender under Part XXIV [Pt. XXIV – Dangerous Offenders and Long-Term Offenders (ss. 752 to 761)];

(b) had been declared a dangerous offender or a dangerous sexual offender under Part XXI [Pt. XXI – Appeals – Indictable Offences (ss. 673 to 696)] of the Criminal Code, being chapter C-34 of the Revised Statutes of Canada, 1970, as it read from time to time before January 1, 1988;

(c) had been convicted of murder;

(c.1) had been convicted of attempted murder or conspiracy to commit murder or to cause another person to be murdered and, on the date of the application, is serving a sentence of imprisonment for that offence;

(d) had been convicted of a sexual offence within the meaning of subsection (3) [DNA Orders – offenders serving sentences – categories of offences] and, on the date of the application, is serving a sentence of imprisonment for that offence; or

(e) had been convicted of manslaughter and, on the date of the application, is serving a sentence of imprisonment for that offence.

Certificate

(2) The application shall be accompanied by a certificate referred to in paragraph 667(1)(a) [proof of previous conviction – certificate] that establishes that the person is a person referred to in subsection (1) [DNA Orders – offenders serving sentences – categories of offenders]. The certificate may be received in evidence without giving the notice referred to in subsection 667(4) [notice of intention to produce certificate].

Definition of sexual offence

(3) For the purposes of subsection (1), sexual offence means

(a) an offence under any of the following provisions, namely,

(i) section 151 (sexual interference),

(ii) section 152 (invitation to sexual touching),

(iii) section 153 (sexual exploitation),

(iv) section 155 (incest),

(v) subsection 212(4) (offence in relation to juvenile prostitution),

(vi) section 271 (sexual assault),

(vii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), and

(viii) section 273 (aggravated sexual assault);

(a.1) an offence under subsection 348(1) if the indictable offence referred to in that subsection is a sexual offence within the meaning of paragraph (a), (b), (c) or (d);

(b) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983, namely,

(i) section 144 (rape),

(ii) section 146 (sexual intercourse with female under fourteen or between fourteen and sixteen),

(iii) section 148 (sexual intercourse with feeble-minded, etc.),

(iv) section 149 (indecent assault on female),

(v) section 156 (indecent assault on male), or

(vi) section 157 (acts of gross indecency);

(c) an offence under paragraph 153(1)(a) (sexual intercourse with step-daughter, etc.) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read from time to time before January 1, 1988; and

(d) an attempt to commit an offence referred to in any of paragraphs (a) to (c).

Manner of appearance

(3.01) The court may require a person who is given notice of an application under subsection (1) [DNA Orders – offenders serving sentences – categories of offenders] and who wishes to appear at the hearing 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.

Criteria

(3.1) In deciding whether to grant an authorization under subsection (1) [DNA Orders – offenders serving sentences – categories of offenders], the court shall consider the person’s criminal record, the nature of the offence and the circumstances surrounding its commission and the impact such an authorization would have on the privacy and security of the person and shall give reasons for its decision.

Order

(3.11) If the court authorizes the 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 [forms] 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 [forms] setting out the information referred to in paragraphs 487.07(1)(b) to (d) [duty to inform – elements] 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) [DNA Orders – offenders serving sentences – categories of offenders] 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]
[annotation(s) added] 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.
[annotation(s) added]

– CCC (CanLII), (DOJ)

---