LEGISLATION TO STRENGTHEN THE DNA DATA BANK RECEIVES ROYAL ASSENT

OTTAWA , May 19, 2005 – Bill C-13, legislation aimed at strengthening Canada’s DNA data bank legislation so that more DNA samples can be collected from more convicted offenders, received Royal Assent today.

“The passage of Bill C-13 will help enhance Canadians’ safety,” said Minister of Justice and Attorney General of Canada, Irwin Cotler. “The amendments will allow courts to make DNA data bank orders for a much wider range of offences – potentially, for any offence punishable by a sentence of five years or more. Another notable aspect of the Bill is that it will expand the retroactive provisions of the legislation so that all persons convicted before June 30, 2000, of murder, manslaughter or a sexual offence, and who are still under sentence, could be included in the National DNA Data Bank.”

“I would like to thank the members of both the House of Commons and the Senate for their hard work and close cooperation to ensure the passage of this Bill,” stated the Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness, Anne McLellan. “These changes will strengthen the National DNA Data Bank as an instrumental crime-fighting tool and will significantly contribute to ensuring public safety in Canada.”

Some of the other amendments to the Criminal Code under Bill C-13 include:

• making it mandatory for a court to make a DNA data bank order for those persons convicted of the very worst and most violent offences, for example, murder, manslaughter and aggravated assault;

• authorizing courts to make DNA orders for persons who have been found to have committed a designated offence, but who have also been found “not criminally responsible on account of mental disorder”;

• adding Internet luring of a child, child pornography and criminal organization offences to the list of “primary designated offences”; and,

• providing a mechanism that will result in the review of DNA data bank orders that may have been made without legal authority.

The Bill also makes changes in the procedures governing the collection and analysis of DNA samples to address operational issues that have been identified in the almost five years that the National DNA Data Bank has been in operation.

The expansion of the retroactive provisions in Bill C-13 and some procedural changes come into force on Royal Assent. The other provisions will come into force at a future date, so that training can be provided to police and prosecutors.

This legislative initiative is not intended as a substitute for the parliamentary review of the DNA data bank legislation that should go forward later in 2005.

The National DNA Data Bank, located in Ottawa , has provided crucial investigative leads and helped to solve serious criminal cases across the country and around the world. It has been instrumental in focusing investigations, eliminating suspects and protecting the innocent.

Access http://www.parl.gc.ca for an online version of Bill-C-13.

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