In 1998, Parliament enacted Bill C-3, An Act respecting DNA Identification and to make consequential amendments to the Criminal Code and other Acts (S.C. 1998, c. 37). investigating authority means, as the case may be, (b) a coroner or medical examiner, or a person or organization with similar duties or functions, who is acting in the course of their duties under an Act of Parliament or of a provincial legislature; or, (c) a laboratory. An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts. (3) The Commissioner shall retain the copy of the order or authorization transmitted under subsection 487.071(2) of the Criminal Code or subsection 196.22(2) of the National Defence Act. (4) The Commissioner shall destroy any bodily substances and information retained under subsection (1) on the expiry of 180 days after sending a notice under that subsection unless, before the expiry of that period, the Commissioner receives. This legislation allowed a DNA data bank to be created and amended the Criminal Code to provide a mechanism for a judge to order persons convicted of designated offences to provide blood, buccal or hair samples from which DNA profiles will be derived. THE DNA IDENTIFICATION ACT INTRODUCTION The analysis of deoxyribonucleic acid (DNA) is an integral part of the Canadian judicial system. BACKGROUND. (5) No person shall transmit stored bodily substances to any person or use stored bodily substances except for the purpose of forensic DNA analysis. (a)law enforcement agencies identify persons alleged to have committed designated offences, including those committed before the coming into force of this Act; and 2. (5) The removal of access to information under any of subsections (1) to (3) shall be done in accordance with the requirements set out in any regulations that apply with respect to that subsection. (b) a record to which subsection 120(6) of that Act applies. (3) The crime scene index shall contain DNA profiles derived from bodily substances that are found. This Act may be cited as the DNA Identification Act. Two years have now passed since the DNA Identification Act came into force. 6.5 Information as to whether a person’s DNA profile is contained in the convicted offenders index may be communicated to an authorized user of the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police. 5.5 (1) The Commissioner shall compare each DNA profile that is added to the crime scene index, the convicted offenders index, the victims index, the missing person index, the voluntary donors index or the human remains index with the DNA profiles that are already contained in those indices. 6.4 (1) On receipt of a DNA profile from the government of a foreign state, an international organization established by the governments of states or an institution of such a government or international organization, the Commissioner may compare the profile with those already contained in the crime scene index, the convicted offenders index, the missing persons index and the human remains index to determine whether there is a match between profiles and may then communicate any of the following to the government, organization or institution, as the case may be: (b) if there is a match, any information in relation to a matching DNA profile that is already contained in any of those indices; (c) if there is, in the Commissioner’s opinion, a similar DNA profile already contained in an index, the similar DNA profile; (d) if, after receiving the similar DNA profile referred to in paragraph (c), the government, organization or institution advises the Commissioner that the possibility of a match between the similar profile with the DNA profile it provided has not been excluded, any information in relation to the similar DNA profile. (autorisation), Commissioner means the Commissioner of the Royal Canadian Mounted Police. (4) Access to stored bodily substances may be granted to any person or class of persons that the Commissioner considers appropriate for the purpose of preserving the bodily substances. (4) The convicted offenders index shall contain DNA profiles derived from bodily substances that are taken under orders and authorizations. DNA MY DOG is a trademark owned by Canadian Dog Group Ltd. c.o.b as DNA … Introduced by the Solicitor General and given first reading on 25 September 1997, Bill C-3 would provide a legal framework to regulate the storage and, in some cases, the collection of DNA data and the biological samples from which they have been derived. The government responded by assenting to the DNA Identification Act on December 10, 1998. (b) in any other case, the investigation of any designated offence. (3) The crime scene index shall contain DNA profiles derived from bodily substances that are found. (a) a confirmation that the order or authorization is valid; (c) a notice that the Attorney General or Director of Military Prosecutions requires an additional period of not greater than 90 days to review the order or authorization; or. In this way, its reputation for success might serve as a deterrent to offenders to re-offend. (d) on or within the body of any person or thing or at any place associated with the commission of a designated offence. (3) The Commissioner may, on the request of an investigating authority in the course of the investigation of a missing person or human remains, communicate a DNA profile contained in the missing persons index or the human remains index to the government of a foreign state, an international organization established by the governments of states or an institution of any such government or international organization. (2) The Commissioner’s duties under this Act may be performed on behalf of the Commissioner by any person authorized by the Commissioner to perform those duties. (5) In addition to the DNA profiles referred to in subsections (3) to (4.5), the DNA data bank shall contain, in relation to each of the profiles, information from which can be established. (infraction désignée), DNA profile means the results of forensic DNA analysis of a bodily substance. DNA Data Bank legislation has created a valuable tool for law enforcement. The DNA Identification Act and the later legislation amending the National Defence Act, the DNA Identification Act, and the Criminal Code were proclaimed in force on June 30, 2000. The Act authorized the collection and storage, for DNA analysis, of biological samples from anyone convicted – as opposed to merely suspected – of a “designated” offence; generally a serious offence involving violence. authorization means an authorization made under section 487.055 or 487.091 of the Criminal Code or section 196.24 of the National Defence Act. (autorisation), Commissioner means the Commissioner of the Royal Canadian Mounted Police. (commissaire), designated offence means a designated offence within the meaning of section 487.04 of the Criminal Code or section 196.11 of the National Defence Act. (infraction désignée), DNA means deoxyribonucleic acid. (ADN), DNA profile means the results of forensic DNA analysis of a bodily substance. (profil d’identification génétique), forensic DNA analysis, in relation to a bodily substance, means forensic DNA analysis of the bodily substance. (analyse génétique), human remains includes any detached part of the body of a person who may still be alive. (restes humains). Young persons — destruction of bodily substances. (2) Information that is communicated under paragraph 6(1)(a) to a law enforcement agency may be communicated subsequently by a member of the agency to a person to whom it is necessary to communicate the information for the purpose of the investigation or prosecution of any designated offence, if the member has reasonable grounds to suspect that the information will assist in the investigation or prosecution. The Act "amends the Canada Evidence Act to ensure that the spouse is a competent and compellable witness for the prosecution with respect to the new offence of non-consensual distribution of intimate images." Of the 176 people killed in the crash, federal officials have said 138 were bound for Canada. Its purpose is twofold: to establish a national DNA databank; and to assist law enforcement agencies in identifying individuals alleged to have committed particular offences, including those committed before the coming into force of this Act. (2) Section 9 nevertheless applies to information in the convicted offenders index in relation to, (a) a serious violent offence as defined in subsection 2(1) of the Youth Criminal Justice Act; or. (a) at any place where a designated offence was committed; (b) on or within the body of the victim of a designated offence; (c) on anything worn or carried by the victim at the time when a designated offence was committed; or. Subsequent communication — missing person or human remains. (commissaire), designated offence means a designated offence within the meaning of section 487.04 of the Criminal Code or section 196.11 of the National Defence Act. (b)law enforcement agencies — as well as coroners, medical examiners or persons and organizations with similar duties or functions — find missing persons and identify human remains. a S.C. 1998, c. 37 The use of DNA for identification purposes in Canada is governed by the 1998 DNA Identification Act (the Act). (a) for criminal identification purposes, a crime scene index, a convicted offenders index and a victims index; (b) for the purposes of finding missing persons and identifying human remains, a missing persons index, a relatives of missing persons index and a human remains index; and. (b) law enforcement agencies — as well as coroners, medical examiners or persons and organizations with similar duties or functions — find missing persons and identify human remains. 13.1 (1) The Commissioner shall, within three months after the end of each fiscal year, submit to the Minister of Public Safety and Emergency Preparedness a report on the operations of the national DNA data bank for the year. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed. Marginal note:Purpose 3The purpose of this Act is to establish a national DNA data bank to help 1. 5 (1) The Minister of Public Safety and Emergency Preparedness shall establish a national DNA data bank, to be maintained by the Commissioner, consisting of. (2) The Minister shall cause the report of the Commissioner to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after he or she receives it. DNA Identification Regulations P.C. The national DNA data bank reports that as of May 14, 2002, 21,862 DNA profiles have been entered into the convicted offender index and 5,142 DNA profiles have been entered into the crime scene index. Execution in Canada (4) A warrant issued under subsection (1) [information for warrant to take bodily substances for forensic DNA analysis – reasonable grounds] may be executed at any place in Canada. 6.3 (1) Information that is communicated under paragraph 6(1)(a) may be communicated subsequently to a person to whom it is necessary to communicate the information for the purpose of the investigation or prosecution of a designated offence with respect to which the DNA profile referred to in that paragraph was obtained. (d) on or within the body of any person or thing or at any place associated with the commission of a designated offence. authorization means an authorization made under section 487.055 or 487.091 of the Criminal Code or section 196.24 of the National Defence Act. Despite the fact that DNA analysis was being used throughout the criminal justice system in Canada since the late 1980s, there was no national coordination at 5.2 (1) If the Commissioner is of the opinion that the offence referred to in the order or authorization is not a designated offence, the Commissioner shall retain any bodily substances collected under it and any information transmitted with it, and give notice of the apparent defect to, (a) the Attorney General of the province in which the order or authorization was made, if it was transmitted under section 487.071 of the Criminal Code; or. (4) Subsections (1) to (3) apply only if the Government of Canada or one of its institutions has entered into an agreement or arrangement, in accordance with any regulations, with that government, international organization or institution, authorizing the communication solely for the purposes of, as the case may be, the investigation or prosecution of a criminal offence or the investigation of a missing person or human remains. It also makes related amendments to the DNA Identification Act(3) and the National Defence Act. (b) without delay after the person is finally acquitted of every designated offence in connection with which an order was made or an authorization was granted. (a) the protection of society and the administration of justice are well served by the early detection, arrest and conviction of offenders, which can be facilitated by the use of DNA profiles; (a.1) society is well served by locating missing persons and identifying human remains, which can be facilitated by the use of DNA profiles; (b) the DNA profiles, as well as samples of bodily substances from which the profiles are derived, may be used only in accordance with this Act, and not for any unauthorized purpose; and, (c) to protect the privacy of individuals with respect to personal information about themselves, safeguards must be placed on, (i) the use and communication of, and access to, DNA profiles and other information contained in the national DNA data bank, and. (7) Information that is communicated to a person under subsection (6) may be communicated subsequently to another person to whom it is necessary to communicate the information for the purpose of the investigation or prosecution referred to in that subsection. (2) Access to information in relation to a DNA profile in the victims index, the missing persons index, the relatives of missing persons index, the human remains index or the voluntary donors index shall be removed from that index without delay if the Commissioner is advised that, (a) the person from whose bodily substances the profile was derived wishes to have access to the information removed; or. (4.2) The missing persons index shall contain DNA profiles derived from bodily substances of a missing person, including bodily substances obtained from their personal effects. 9 (1) Subject to subsection (2), section 9.1 and the Criminal Records Act, information in the convicted offenders index shall be kept indefinitely. (2) The Commissioner may, on the request of a law enforcement agency in the course of the investigation of a designated offence, communicate a DNA profile contained in the crime scene index to the government of a foreign state, an international organization established by the governments of states or an institution of any such government or international organization. These orders are legally binding, and the offender must surrender a sample of his or her DNA. *26 This Act or any of its provisions or any provision of an Act enacted by this Act comes into force on a day or days to be fixed by order of the Governor in Council. (2) The Commissioner’s duties under this Act may be performed on behalf of the Commissioner by any person authorized by the Commissioner to perform those duties. (6) The Commissioner may at any time destroy any or all of the stored bodily substances if the Commissioner considers that they are no longer required for the purpose of forensic DNA analysis. 7 Access to information contained in the DNA data bank may be granted to, (a) any person or class of persons that the Commissioner considers appropriate for the purposes of the proper operation and maintenance of the DNA data bank; and. Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1 This Act may be cited as the DNA Identification Act. The a Add your article 5 (1) The Minister of Public Safety and Emergency Preparedness shall establish a national DNA data bank, to be maintained by the Commissioner, consisting of. (7) The Commissioner shall destroy the stored bodily substances of a person, (a) without delay after every order or authorization for the collection of bodily substances from the person is finally set aside; or. (ii) the use of, and access to, bodily substances that are transmitted to the Commissioner for the purposes of this Act. Recognizing the value of using DNA in this way, the Government of Canada is consulting its provincial and territorial partners on the creation of a national missing persons DNA index. (a) the protection of society and the administration of justice are well served by the early detection, arrest and conviction of offenders, which can be facilitated by the use of DNA profiles; (a.1) society is well served by locating missing persons and identifying human remains, which can be facilitated by the use of DNA profiles; (b) the DNA profiles, as well as samples of bodily substances from which the profiles are derived, may be used only in accordance with this Act, and not for any unauthorized purpose; and, (c) to protect the privacy of individuals with respect to personal information about themselves, safeguards must be placed on, (i) the use and communication of, and access to, DNA profiles and other information contained in the national DNA data bank, and. (Loi sur les jeunes contrevenants), young person has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act or subsection 2(1) of the Young Offenders Act, as the case may be. 12 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations. 10 (1) When bodily substances are transmitted to the Commissioner under section 487.071 of the Criminal Code or section 196.22 of the National Defence Act, the Commissioner shall, subject to this section and section 10.1, safely and securely store, for the purpose of forensic DNA analysis, the portions of the samples of the bodily substances that the Commissioner considers appropriate and without delay destroy any remaining portions. (4.4) The human remains index shall contain DNA profiles derived from human remains. (iii) if the victim is deceased, their remains. 6.2 If a comparison conducted under section 5.5 produces neither a match between DNA profiles nor a result referred to in subsection 6.1(1) or (3), the Commissioner may communicate that fact to any investigating authority that the Commissioner considers appropriate. “The RCMP is currently creating DNA profiles here in Canada to assist Iran with Canadian victim identification.” Much of that work, Fortin said, will involve gathering samples from family members of the plane crash victims. A properly and fully subscribed National DNA Data Bank promises to assist police in the identification of persons who have committed crimes, both local and cross-jurisdictional. (c) in the case of a profile referred to in subsection (4.3), the stated biological or other relationship of the person from whose bodily substance the profile was derived with the person whose identity is to be confirmed. The Act addresses the question of DNA identification, and makes amendments to the Criminal Code and other Acts. (5) Information that is communicated under subsection 6(2) or 6.1(3) may be communicated subsequently to a person to whom it is necessary to communicate the information for the purpose of the investigation of a missing person or human remains. 5.4 A DNA profile and related information shall be added to the relatives of missing persons index or the voluntary donors index, or to the victims index in the circumstances described in paragraph 5(4.1)(a), only if the Commissioner has received the written consent to that addition, provided in accordance with any regulations, of the person who voluntarily provided the bodily substances from which the profile was derived. (4.3) The relatives of missing persons index shall contain DNA profiles derived from bodily substances of a person that are voluntarily submitted by them for the purpose of having their DNA profile added to the index, where their profile may assist in confirming the identity of a person whose DNA profile is contained in the missing persons index or human remains index. (4.5) The voluntary donors index shall contain DNA profiles derived from the bodily substances of a person, other than a victim of a designated offence, that are voluntarily submitted by them for the purpose of having their DNA profile added to the index, where their profile may be relevant to an investigation of a designated offence or of a missing person or human remains. The Act created a national DNA data bank. DNA My Dog, 1543 Kingston Road, Toronto, Ont., Canada, M1N 1R9 Tel: 416-691-4160 Fax: 905-763-6397 Join our Facebook Group. (2) Access to information in the convicted offenders index shall be permanently removed, (a) without delay after every order or authorization for the collection of bodily substances from the person to whom the information relates is finally set aside; or. 5.1 (1) The Commissioner shall review the information transmitted under section 487.071 of the Criminal Code or section 196.22 of the National Defence Act to ensure that the offence referred to in the order or authorization is a designated offence. (b) the comparison under this Act of the profile with other profiles may assist in the investigation with respect to which the profile was obtained. (2) If the investigating authority advises the Commissioner that the profiles are similar and that the possibility of a match between the DNA profiles has not been excluded, the Commissioner may communicate any information in relation to the profiles in accordance with subsection 6(1) or (2), as the case may be, as if there were a match between them. (4) Information that is communicated under paragraph 6(1)(b) may be communicated subsequently to a person to whom it is necessary to communicate the information for the purpose of the investigation or prosecution of any designated offence. Missing persons and human remains indices. Canada’s DNA Identification Act currently prohibits law enforcement from conducting familial searches, an exercise allowed in the United States. BILL C-3: THE DNA IDENTIFICATION ACT . Communication — foreign law enforcement agencies. ... DNA Identification Act: 1998, c.37: Corrections and Conditional Release Act. investigating authority means, as the case may be, (b) a coroner or medical examiner, or a person or organization with similar duties or functions, who is acting in the course of their duties under an Act of Parliament or of a provincial legislature; or, (c) a laboratory. (autorité chargée de l’enquête), order means an order made under section 487.051 of the Criminal Code or section 196.14 of the National Defence Act. (ordonnance), Young Offenders Act means chapter Y-1 of the Revised Statutes of Canada, 1985. (Loi sur les jeunes contrevenants), young person has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act or subsection 2(1) of the Young Offenders Act, as the case may be. (adolescent), 3 The purpose of this Act is to establish a national DNA data bank to help, (a) law enforcement agencies identify persons alleged to have committed designated offences, including those committed before the coming into force of this Act; and. (4.2) The missing persons index shall contain DNA profiles derived from bodily substances of a missing person, including bodily substances obtained from their personal effects. (6) Information that is communicated under subsection 6(2) or 6.1(3) to a law enforcement agency may be communicated subsequently by a member of the agency to a person to whom it is necessary to communicate the information for the purpose of the investigation or prosecution of a designated offence, if the member has reasonable grounds to suspect that the information will assist in the investigation or prosecution. Because every person's genetic profile is unique1 and immutable, DNA analysis is a very precise identification method for … (f) prescribing anything that by this Act is to be prescribed by regulation. 2000-1109A (ii) the use of, and access to, bodily substances that are transmitted to the Commissioner for the purposes of this Act. Previous Versions, An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts. The Act received Royal Assent on 10 December 1998. (3) Information that is communicated to a person under subsection (2) may be communicated subsequently to another person to whom it is necessary to communicate the information for the purpose of the investigation or prosecution referred to in that subsection. (b) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $2,000 or to imprisonment for a term not exceeding six months, or to both. Marginal note:Relatives of missing persons index. Further DNA legislation, the DNA Identification Act, was enacted in 1998 and came into force in 2000. Preconditions — missing persons and relatives, (2) A DNA profile and related information shall be added to the missing persons index or the relatives of missing persons index only if the Commissioner, (a) has reasonable grounds to suspect that the comparison of the profile conducted under section 5.5 will assist in the investigation of a missing person or human remains; and. (iii) if the victim is deceased, their remains. Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1 This Act may be cited as the DNA Identification Act. (a) for criminal identification purposes, a crime scene index, a convicted offenders index and a victims index; (b) for the purposes of finding missing persons and identifying human remains, a missing persons index, a relatives of missing persons index and a human remains index; and. (b) the comparison under this Act of the profile with other profiles will not assist in the investigation with respect to which the profile was obtained. (4) The convicted offenders index shall contain DNA profiles derived from bodily substances that are taken under orders and authorizations. (2) If a comparison conducted under subsection 5.5(1) produces a match between DNA profiles, and at least one of the profiles that match is contained in the missing persons index or the human remains index, the Commissioner may communicate any information in relation to the profiles, to any investigating authority that the Commissioner considers appropriate, for the purpose of the investigation of a missing person or human remains. Removal of access to information — crime scene index, 8.1 (1) Access to information in the crime scene index shall be removed from that index without delay if the information relates to a DNA profile derived from a bodily substance of, (a) a victim of a designated offence that was the object of the relevant investigation; or. Subsequent communication — paragraph 6(1)(a). Comparison of Profiles and Communication and Use of Information, Storage and Destruction of Bodily Substances, French Constitutional Drafting Committee (1990), Statutes Repeal Act: Reports, Deferrals and Repeals, Miscellaneous Statute Law Amendment Program, Typographical and Grammatical Corrections, Table of Public Statutes and Responsible Ministers, Consolidated Index of Statutory Instruments. The Act was confirmed in the 2006 R. v. Rodgers Supreme Court case. It is Canada's only comprehensive database for the recording and rapid retrieval of DNA profiles related to designated offences, and is used by law enforcement officials across Canada to … substances for forensic DNA analysis and the inclusion of DNA profiles in the national DNA data bank. 6.6 Subject to sections 6 to 6.5, no person shall communicate any information that is contained in the DNA data bank or allow the information to be communicated. (5) In addition to the DNA profiles referred to in subsections (3) to (4.5), the DNA data bank shall contain, in relation to each of the profiles, information from which can be established. (4.4) The human remains index shall contain DNA profiles derived from human remains. DNA Identification Regulations SOR /2000-300 DNA IDENTIFICATION ACT Registration 2000-07-27 DNA Identification Regulations P.C. (2) If the Attorney General or Director of Military Prosecutions, as the case may be, confirms in writing that the order or authorization is valid or sends a copy of a corrected order or authorization to the Commissioner, the Commissioner shall conduct a forensic DNA analysis of any bodily substances collected under it. Act Name Citation Royal Assent In force Summary DNA Act limits what law enforcement can do So why did Calgary police spend thousands on a technique that experts say is misleading instead of trying a familial DNA search? 2000-1109 2000-07-27 Her Excellency the Governor General in Council, on the recommendation of the Solicitor General of Canada, pursuant to section 12 of the DNA Identification Act a, hereby makes the annexed DNA Identification Regulations. 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