Act Name Citation Royal Assent In force Summary It also makes related amendments to the DNA Identification Act(3) and the National Defence Act. (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. Previous Versions, An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts. (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. (2) Subsections 10(6) and (7) nevertheless apply to the destruction of stored bodily substances of a young person that relate to, 11 Every person who contravenes section 6.6 or 8 or subsection 10(5), (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or. (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. *[Note: Sections 2, 3 and 12 in force May 8, 2000, see SI/2000-37; sections 1, 4 to 11 and 13 to 25 in force June 30, 2000, see SI/2000-60.]. (4) The convicted offenders index shall contain DNA profiles derived from bodily substances that are taken under orders and authorizations. Under the new regime created by the DNA Identification Act, a judge can make a “DNA order” after convicting an offender of certain proscribed crimes. (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. (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. (f) prescribing anything that by this Act is to be prescribed by regulation. The DNA Identification Act provides that within five years after the Act comes into force, a review of (a) respecting the establishment and operation of the national DNA data bank; (b) respecting the collection and transmission of any information or other thing that is to be received by the Commissioner; (c) respecting agreements or arrangements referred to in subsection 6.4(4); (d) respecting access to information that is contained in the national DNA data bank, including removal of access to information and destruction of information; (e) respecting the establishment of advisory committees to advise on any matter related to the national DNA data bank; and. (a) a DNA profile cannot be derived from the bodily substances that were taken from that person under an order made under section 196.14; or (b) the information or bodily substances required by regulations made under the DNA Identification Act were not transmitted in accordance with the requirements of the regulations or were lost. Subsequent communication — paragraph 6(1)(a). 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. (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. (2) The Commissioner shall conduct a forensic DNA analysis of the bodily substances transmitted if satisfied that the offence referred to in the order or authorization is a designated offence and add the resulting DNA profile in the convicted offenders index. Before amending the act, we will consider the implications that any new legislation could have on existing criminal law. Two years have now passed since the DNA Identification Act came into force. (b) in any other case, the investigation of any designated offence. 2000-1109A a S.C. 1998, c. 37 (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. An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts. 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. 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. (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. 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. (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. (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. (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. (iii) if the victim is deceased, their remains. 2 The definitions in this section apply in this Act. ... DNA Identification Act: 1998, c.37: Corrections and Conditional Release Act. (ii) the use of, and access to, bodily substances that are transmitted to the Commissioner for the purposes of this Act. 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. (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. 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. The a Add your article The Act created a national DNA data bank. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed. 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. Assented to 1998-12-10 An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: (3) The crime scene index shall contain DNA profiles derived from bodily substances that are found. (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. 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. Subsequent communication — different purpose. (a) in the case of a profile referred to in subsection (3) or any of subsections (4.1) to (4.4), the case number of the investigation associated with the bodily substance from which the profile was derived; (b) in the case of a profile referred to in any of subsections (4) to (4.5), the identity of the person from whose bodily substance the profile was derived, if that identity is known; and. (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. 8 (1) Subject to subsection (2), no person to whom information is communicated under any of sections 6, 6.1 and 6.3 or who has access to information under paragraph 7(a) or (b) shall use that information other than for the purposes set out in the applicable provision of those sections. 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. 12 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations. 10.1 (1) The Commissioner shall, without delay, destroy stored bodily substances of a young person who has been found guilty of a designated offence under the Young Offenders Act or under the Youth Criminal Justice Act when the record relating to the same offence is required to be destroyed, sealed or transmitted to the National Archivist of Canada under Part 6 of the Youth Criminal Justice 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. (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. (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. 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. (4.4) The human remains index shall contain DNA profiles derived from 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. Marginal note:Purpose 3The purpose of this Act is to establish a national DNA data bank to help 1. Changes to the DNA Identification Act have now come into force, allowing for the ... equal access to the same consistent service to every police force and coroner/medical examiner’s office across Canada and at no additional cost. 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. (4) The bill adds offences, including repealed sexual offences, to the lists of (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. (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. (4) Removal of access to information in relation to a DNA profile of a person from an index under this section does not prevent a DNA profile derived from the bodily substances of the same person, and any information in relation to that profile, from subsequently being added to any index in accordance with this Act. 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? 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) 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. The DNA Identification Act constituted one of the two key components of Bill C-3, An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts.3 When it came into force on 30 June 2000,4 the DNA Identification Act created a (d) a notice that the issue of whether or not the order or authorization is defective is under review by a judge or in proceedings before a court. (3) If a comparison conducted under subsection 5.5(2) indicates that a DNA profile that is already contained in the missing persons index or human remains index could be the profile of a biological relative of someone whose DNA profile is added to the relatives of missing persons index, the Commissioner may communicate any information in relation to both DNA profiles, to any investigating authority that the Commissioner considers appropriate, for the purpose of the investigation of a missing person or human remains. 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. Young persons — access to information removed. (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 (1) If a comparison conducted under subsection 5.5(1) produces a match between DNA profiles, and none 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 laboratory or Canadian law enforcement agency that the Commissioner considers appropriate, for the purpose of, (a) if at least one of the profiles is contained in the victims index, the investigation of a designated offence with respect to which that profile was obtained; and. (3) No person shall use the results of forensic DNA analysis of bodily substances that are taken in execution of an order or authorization, except in accordance with this Act. 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. Bill C-13, An Act to Amend the Criminal Code, the DNA Identification Act and the National Defence Act This page has been archived on the Web Information identified as archived is provided for reference, research or recordkeeping purposes. (8) Despite anything in this section, stored bodily substances of a person in respect of whom a record suspension, as defined in subsection 2(1) of the Criminal Records Act, is in effect shall be kept separate and apart from other stored bodily substances, and no such bodily substance shall be used for forensic DNA analysis, nor shall the existence of such a bodily substance be communicated to any person. The Supreme Court of Canada has declared the DNA order regime constitutional in several cases. (d) on or within the body of any person or thing or at any place associated with the commission of a designated offence. 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. (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. The Act was confirmed in the 2006 R. v. Rodgers Supreme Court case. (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. (autorisation), Commissioner means the Commissioner of the Royal Canadian Mounted Police. The DNA Identification Act is a Canadian law that calls for the establishment of a DNA databank and allows judges to order DNA testing for criminal suspects. DNA Identification Regulations SOR /2000-300 DNA IDENTIFICATION ACT Registration 2000-07-27 DNA Identification Regulations P.C. (analyse génétique), human remains includes any detached part of the body of a person who may still be alive. Communication — foreign law enforcement agencies. (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. 5.3 (1) A DNA profile and related information shall be added to the victims index only if the Commissioner has reasonable grounds to suspect that the comparison of the profile conducted under subsection 5.5(1) will assist in the investigation of a designated offence with respect to which the profile was obtained. (ordonnance), Young Offenders Act means chapter Y-1 of the Revised Statutes of Canada, 1985. (iii) if the victim is deceased, their remains. 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. The NDDB was established in June 2000 through the enactment of the DNA Identification Act. 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. (4.4) The human remains index shall contain DNA profiles derived from human remains. Act current to 2021-01-10 and last amended on 2018-03-06. 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. Missing persons and human remains indices. An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts [Assented to 10th december, 1998] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title 1. 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. (ii) the use of, and access to, bodily substances that are transmitted to the Commissioner for the purposes of this Act. In 1998, the DNA Identification Act was enacted by the parliament. (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. 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." The government responded by assenting to the DNA Identification Act on December 10, 1998. The act of detection of DNA is the canadian law that provides for the creation of a data Bank of DNA and allows judges to order DNA for criminal suspects. Of the 176 people killed in the crash, federal officials have said 138 were bound for Canada. 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 … (3) The crime scene index shall contain DNA profiles derived from bodily substances that are found. 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