GOVERNMENT OF CANADA INTRODUCES MEASURES TO STRENGTHEN DNA DATA BANK LEGISLATION

OTTAWA, May 7, 2004 - The Minister of Justice and Attorney General of Canada, Irwin Cotler, and the Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness, Anne McLellan, today introduced legislation that would make the National DNA Data Bank an even more effective investigative tool.

"Our goal is to enhance public safety by helping to bring the perpetrators of serious crimes to justice, while ensuring that individual rights and freedoms are respected in the collection and use of DNA information," said Minister Cotler. "These reforms will clarify and strengthen laws that govern the taking of DNA samples from convicted offenders for the National DNA Data Bank."

"The National DNA Data Bank has been a tremendous success in terms of improving public safety. It has helped solve some of our most challenging criminal cases," said Deputy Prime Minister McLellan. "The legislative proposals introduced today will further improve its effectiveness."

With this proposed legislation, the Government of Canada is responding to the priority issues raised by the provinces and territories and is building on its 2002 public consultation on the topic. Some key examples of the amendments include:

1. Adding certain Criminal Code offences, including criminal harassment, to the list of designated offences for which a DNA data bank order can be made;
2. Permitting a data bank order to be made against a person who has committed a designated offence but was also found not criminally responsible on account of mental disorder;
3. Expanding the list of sexual offences under the retroactive scheme (for persons convicted prior to June 30, 2000) by adding historical sexual offences like indecent assault, and the offence of break and enter and committing a sexual offence. A new class of offender would also be added to the list of offenders who may be candidates for the retroactive scheme: those who have committed one murder and one sexual assault at different times;
4. Creating the means to compel an offender to appear at a certain time and place to provide a DNA sample;
5. Creating a procedure for the review of DNA data bank orders that appear to have been made for a non-designated offence and the destruction of samples taken from these offenders.

The National DNA Data Bank, located within the RCMP's National Police Services, has provided crucial evidence and helped to solve criminal cases across the country and around the world, many involving serious offences such as homicide, sexual assault and armed robbery. It has been instrumental in focusing leads, eliminating suspects and protecting the innocent.

A Parliamentary review of the original DNA data bank legislation, which came into force in June 2000, is anticipated in 2005.

To learn more about the National DNA Data Bank, visit www.nddb-bndg.org.

To access an online version of the proposed legislation, visit www.parl.gc.ca.

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