Government of Canada / Gouvernement du Canada
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National Defence Act

Version of section 196.21 from 2003-01-01 to 2007-12-31:

Marginal note:Duty to inform

  •  (1) Before taking samples of bodily substances, or directing them to be taken, in execution of a warrant under section 196.12 or 196.13, an order under section 196.14 or 196.15 or an authorization under section 196.24, a peace officer shall inform the person from whom the samples are to be taken of

    • (a) the contents of the warrant or order;

    • (b) the nature of the investigative procedures by means of which the samples are to be taken;

    • (c) the purpose of taking the samples;

    • (d) the authority of the peace officer and any person acting under the officer’s direction to use as much force as is reasonably necessary for the purpose of taking the samples; and

    • (e) in the case of samples of bodily substances taken in execution of a warrant, the possibility that the results of forensic DNA analysis may be used in evidence.

  • Marginal note:Detention of person

    (2) A person from whom samples of bodily substances are to be taken may, for that purpose, be detained for a period that is reasonable in the circumstances and be required to accompany a peace officer.

  • Marginal note:Respect of privacy

    (3) A peace officer, or any person acting under a peace officer’s direction, who takes samples of bodily substances from a person shall ensure that the person’s privacy is respected in a manner that is reasonable in the circumstances.

  • 2000, c. 10, s. 1

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