Marginal note:Collection of additional bodily substances

• 196.24 (1) A military judge may, on ex parte application made in the prescribed form within a reasonable time, authorize, in the prescribed form, the taking from a person, for the purpose of forensic DNA analysis, of any number of additional samples of bodily substances that is reasonably required for that purpose if

  • (a) a DNA profile cannot be derived from the bodily substances that were taken from that person in execution of an order under section 196.14 or 196.15; or

  • (b) the bodily substances and information required by regulations made under the DNA Identification Act were not transmitted in accordance with the requirements of the regulations or were lost.

• Marginal note:Reasons

  (2) The application shall state the reasons why a DNA profile cannot be derived from the bodily substances or why the bodily substances and information were not transmitted in accordance with the regulations or were lost.

Marginal note:Review by Director of Military Prosecutions

• 196.241 (1) On receipt of a notice from the Commissioner under subsection 5.2(1) of the DNA Identification Act that an order made under section 196.14 or 196.15 or an authorization under section 196.24 appears to be defective, the Director of Military Prosecutions shall review the order or authorization and the court record.

• Marginal note:Clerical error

  (2) If, in the opinion of the Director of Military Prosecutions, the defect is due to a clerical error, the Director shall

  • (a) apply, ex parte, to the military judge who made the order, or to another military judge, to have it corrected; and

  • (b) transmit a copy of the corrected order or authorization, if any, to the Commissioner.

• Marginal note:Substantive defect

  (3) If, in the opinion of the Director of Military Prosecutions, the offence to which the order or authorization relates is not a designated offence, the Director shall

  • (a) apply, ex parte, to a judge of the Court Martial Appeal Court for an order revoking the order or authorization; and

  • (b) if the order or authorization is revoked, transmit a copy of the order revoking it to the Commissioner.

• Marginal note:No defect

  (4) If the Director of Military Prosecutions is of the opinion that the offence referred to in the order or authorization is a designated offence, the Director shall transmit that opinion, with written reasons, to the Commissioner.

Marginal note:Finding of not responsible on account of mental disorder

• 202.14 (1) If a court martial finds that an accused person committed the act or made the omission that forms the basis of the offence charged, but was suffering at the time from a mental disorder so as to be exempt from responsibility, the court martial shall make a finding that the accused person committed the act or made the omission but is not responsible on account of mental disorder.

Subsection 127(1) of the Criminal Code states as follows:

• 127. (1) Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of

  • (a) an indictable offence and liable to imprisonment for a term not exceeding two years; or

  • (b) an offence punishable on summary conviction.