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. Marginal note:Relatives of missing persons index. Because every person's genetic profile is unique1 and immutable, DNA analysis is a very precise identification method for … (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. 9 (1) Subject to subsection (2), section 9.1 and the Criminal Records Act, information in the convicted offenders index shall be kept indefinitely. This statute is current to 2020-12-28 according to the, Comparison of Profiles and Communication and Use of Information, Storage and Destruction of Bodily Substances, 8. between Oct 23, 2012 and Mar 5, 2018 (past), 7. between Mar 13, 2012 and Oct 22, 2012 (past), 6. between Jan 1, 2008 and Mar 12, 2012 (past), 5. between Jun 22, 2007 and Dec 31, 2007 (past), 4. between May 19, 2005 and Jun 21, 2007 (past), 3. between Apr 4, 2005 and May 18, 2005 (past), 2. between Apr 1, 2003 and Apr 3, 2005 (past), 1. between Jun 30, 2000 and Mar 31, 2003 (past), DNA Data Bank Advisory Committee Regulations, An Act to amend certain Acts in relation to DNA identification, An Act to amend the Criminal Code, the DNA Identification Act and the National Defence Act, Department of Public Safety and Emergency Preparedness Act. 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. Young persons — destruction of bodily substances. 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. (3) If the Attorney General or the Director of Military Prosecutions, as the case may be, informs the Commissioner that the offence referred to in the order or authorization is not a designated offence, the Commissioner shall, without delay, destroy the bodily substances collected under the order or authorization and the information transmitted with it. (4) The bill adds offences, including repealed sexual offences, to the lists of (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. 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. 6.2 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 Act established a new law governing the creation and administration of a national DNA database. Canada’s DNA Identification Act currently prohibits law enforcement from conducting familial searches, an exercise allowed in the United States. (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. It updated the Criminal Code to allow a judge to authorize collection of bodily substances from a person found guilty of … (b) a person who has been eliminated as a suspect in the relevant investigation. (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. 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. 9.1 (1) Access to information in the convicted offenders index in relation to a young person who has been found guilty under the Young Offenders Act or under the Youth Criminal Justice Act of a designated offence shall be permanently removed without delay 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. (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. (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. In 1998, the DNA Identification Act was enacted by the parliament. Missing persons and human remains indices. 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. (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) 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. Act current to 2021-01-10 and last amended on 2018-03-06. (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. (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. 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. 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: Of the 176 people killed in the crash, federal officials have said 138 were bound for Canada. Subsequent communication — paragraph 6(1)(a). ... DNA Identification Act: 1998, c.37: Corrections and Conditional Release Act. DNA Identification Regulations P.C. (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. Previous Versions, An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts. (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. 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). 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. (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. (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. (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. 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. 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. (b) the Director of Military Prosecutions, if the order or authorization was transmitted under section 196.22 of the National Defence Act. Further DNA legislation, the DNA Identification Act, was enacted in 1998 and came into force in 2000. 2000-1109A 6.1 (1) If a comparison conducted under subsection 5.5(1) indicates that, in the Commissioner’s opinion, two or more DNA profiles are similar, the Commissioner may communicate the similar DNA profiles, to any investigating authority that the Commissioner considers appropriate, for the purpose of determining whether the possibility of a match between the profiles can be excluded. The Supreme Court of Canada has declared the DNA order regime constitutional in several cases. (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. Young persons — access to information removed. 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. THE DNA IDENTIFICATION ACT INTRODUCTION The analysis of deoxyribonucleic acid (DNA) is an integral part of the Canadian judicial system. (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. 12 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations. Further communication — different purpose. (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. (b) the personnel of any laboratories that the Commissioner considers appropriate for training purposes. 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. (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. (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. 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