FORM 5.06
(Subsection 487.055(1))

AUTHORIZATION FOR THE TAKING OF BODILY SUBSTANCES FOR FORENSIC DNA ANALYSIS

Canada,
Province of ................,
(territorial division)

To the peace officers in (territorial division):

Whereas (name of offender), before June 30, 2000:

(a) had been declared a dangerous offender under Part XXIV;

(b) had been declared a dangerous offender or a dangerous sexual offender under Part XXI 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, was serving a sentence of imprinsonment for that offence,

(d) had been convicted of a sexual offence within the meaning of subsection 487.055(3) and, on the date of application, was serving a sentence of imprisonment for that offence;

or

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

Whereas (name of peace officer), a peace officer of the said territorial division, has applied for an authorization for the taking of the number of samples of bodily substances from (name of offender) that is reasonably required for forensic DNA analysis by means of the investigative procedures described in subsection 487.06(1) of that Act;

And whereas I have considered the offender's criminal record, the nature of the offence and the circumstances surrounding its commission and the impact that this authorization would have on the offender's privacy and security of the person;

Therefore, the peace officers of the said territorial division, are authorized to take from (name of offender) or cause to be taken by a person acting under their direction those samples, provided that the person taking the samples is able by virtue of training or experience to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and provided that, if the person taking the samples is not a peace officer, he or she take the samples under the direction of a peace officer.

This authorization is subject to the following terms and conditions that I consider advisable to ensure that the taking of the samples is reasonable in the circumstances:

Dated this ................ day of ................
A.D., at ................ .
........................................
(Signature of provincial court judge)


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Date Published : 2001-04-22
Last Updated : 2007-08-31