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DNA data bank goes on stream
July 27, 2000
If you are convicted of assault or one
of a host of other crimes, you may be required to provide a sample
of DNA for deposit with the national DNA data bank, under the
DNA Identification Act which came into force June 30, 2000.
The DNA is taken from blood or hair or by swabbing the lips, tongue,
or inside of the cheeks to collect epithelial cells. You do not
get to choose the kind of sample to be seized. In Ontario, according
to a government memo, in most cases a blood sample will be gathered
by pricking of the finger.
The court must order the taking of a DNA
sample upon conviction of certain offences, referred to as primary
designated offences. These include serious violent offences and
sexual offences, such as murder, sexual assault, assault with
a weapon, and assault causing bodily harm. To avoid the taking
of a sample you must show that its impact on your privacy and
security of the person would be grossly disproportionate to the
public interest in the protection of society and the proper administration
of justice to be achieved through the early detection, arrest
and conviction of offenders.
In the case of other offences, referred to as
secondary designated offences, the court may order a sample of
DNA seized. These offences, ostensibly less serious, include assault,
child pornography, indecent acts, failure to stop at the scene
of an accident, dangerous or impaired driving causing death or
bodily harm, assaulting a peace officer, robbery, break and enter
with intent and arson.
The court may order a DNA sample seized
if it is in the best interests of the administration of justice.
In making its decision, the court must have regard to your criminal
record, the nature of the offence, the circumstances surrounding
its commission, and the impact the seizure would have on your
privacy and security of the person.
In Ontario, according to a government memo, it's
expected Crowns will be directed to seek a DNA databanking order
for secondary offences where the circumstances of the offence
or offender disclose a reasonable possibility that the offender
poses a risk to others or will reoffend, or, where the circumstances
of the offence or offender show a reasonable possibility that
the offender has committed serious offences in the past for which
he or she has not been apprehended.
The Crown can apply to have DNA samples seized
from persons charged with a designated offence before June 30,
2000, but convicted afterward.
The national DNA data bank is located at RCMP
headquarters in Ottawa and is maintained by the commissioner of
the RCMP. In addition to the index of DNA profiles of adult and
young offenders convicted or discharged of designated offences,
it also includes a crime scene index, containing DNA profiles
from unsolved crime scenes. The information can be cross-referenced
to find a match.
The DNA data bank is part of the RCMP's
National Police Services, which also includes the Canadian Police
Information Centre (CPIC), the Criminal Intelligence Service of
Canada, Forensic Laboratory Services, the Canadian Police College,
and Identification Services.
The DNA Identification Act completes the
federal government's DNA legislative strategy. The strategy
began with the creation of the DNA warrant scheme in July 1995
through amendments to the Criminal Code to allow judges to issue
warrants to take DNA samples from suspects.
Bodily substances seized in execution of a "search"
warrant under section 487.05 of the Criminal Code can be
used only for forensic DNA analysis in the investigation of a
designated offence. The results of the forensic DNA analysis of
these bodily substances can be used only in the investigation
of a designated offence or a related proceeding. The results cannot
be transmitted into the national DNA data bank.
Under section 487.05, a provincial court
judge may issue a warrant authorizing a peace officer to seize
a bodily substance from a person suspected of a primary or secondary
designated offence. The application is made ex parte though
defence counsel could seek standing at the hearing.
Disclaimer: The material on this site is not intended as legal advice. It merely conveys general information on legal issues commonly encountered by persons facing criminal charges in Canada. If you are charged with an offence, you should contact a criminal lawyer.
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