Backgrounder

Measures to Help Implement DNA Data Bank Legislative Reforms

Consistent with its commitment to tackle crime, the Government has introduced legislation to strengthen Canada’s DNA data bank laws. These reforms involve a series of technical amendments to help implement earlier changes to the law, which were already endorsed by Parliament under Bill C-13 in May 2005.

Increasing the Efficiency of the Data Bank

Designed to increase the efficiency of the National DNA Data Bank and to simplify procedures for police and prosecutors, this new legislation proposes changes to the Criminal Code that include:

• Clarifying that a warrant can be executed for the arrest of a person who fails to show for a DNA sampling and the bodily substances be taken by any Canadian police force that arrests the person;
• Making it an offence to fail to appear for DNA sampling, similar to the offence for failing to show up for fingerprinting;
• Adding attempted murder and conspiracy to commit murder to the offences covered by the retroactive provisions, which apply to offenders convicted of a single murder, sexual offence or manslaughter prior to June 30, 2000, when the legislation that enabled the creation of the National DNA Data Bank came into force;
• Allowing video links for retroactive hearings, to reduce the costs and security risks associated with transporting a greater number of offenders now eligible for retroactive sampling; and,
• Helping ensure DNA data bank orders can be carried out even when, for logistical reasons, it may not be possible to take the sample at the precise time set out in the order.

This legislation also proposes a number of changes to the DNA Identification Act, which include:

• Permitting the destruction of samples when the provincial Attorney General certifies that the order was made for an offence not intended to be included in the DNA data bank. This simpler approach will eliminate the expense of having the Attorney General make an application to the court to have the order quashed; and
• Ensuring information provided by the National DNA Data Bank can be used to investigate all criminal offences.

Changes would be made to the National Defence Act to ensure that corresponding reforms apply to the military justice system.

Implementing Earlier Reforms

This new legislation will allow for the effective implementation of the reforms included in Bill C-13 – improvements that are eagerly awaited by the provinces and territories, as well as the police, among others. Bill C-13, which received Royal Assent in May 2005, responds to priority issues raised by the provinces and territories and builds upon earlier public consultations on the topic. Most notably, the legislation expands the list of offences for which a DNA data bank order can be made. Under Bill C-13, for example, courts must make a data bank order for those persons convicted of the very worst and most violent offences, including murder, manslaughter and aggravated assault. Internet luring of children, child pornography and organized crime offences are also added to the list of designated offences for a data bank order.

The new legislation will not replace the upcoming Parliamentary review of Canada’s DNA data bank laws, and any further changes can be considered at that time.

Understanding the Value of the DNA Data Bank

The use of forensic DNA analysis has emerged as one of the most powerful tools available to law enforcement for the administration of justice. The National DNA Data Bank assists in solving crime by:

• linking crimes together where there are no suspects;
• helping to identify suspects;
• eliminating suspects where there is no match between crime scene DNA and a profile in the data bank; and,
• determining whether a serial offender is involved.

The National DNA Data Bank, located in Ottawa and operated by the RCMP on behalf of all Canadian police agencies, is responsible for two principal indices:

• The Convicted Offender Index – an electronic index developed from the DNA profiles of offenders convicted of designated Criminal Code offences, as well as persons who are subject to the military’s Code of Service Discipline and convicted of a designated offence under the National Defence Act.
• The Crime Scene Index – a separate electronic index composed of DNA profiles obtained from unsolved crime scenes of the same designated offences.

As of May 15, 2006, the Convicted Offender Index had just under 100,000 entries and the Crime Scene Index contained more than 28,000 DNA profiles. The National DNA Data Bank has recorded over 5,200 crime-scene-to-offender matches, and more than 750 crime-scene-to-crime-scene matches. For the latest data bank statistics, visit www.nddb-bndg.org.

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Department of Justice
June 2006