An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts. (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. Further communication — different purpose. Before amending the act, we will consider the implications that any new legislation could have on existing criminal law. 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. Young persons — access to information removed. (b) the personnel of any laboratories that the Commissioner considers appropriate for training purposes. 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. (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. 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 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 use of DNA for identification purposes in Canada is governed by the 1998 DNA Identification Act (the Act). The Supreme Court of Canada has declared the DNA order regime constitutional in several cases. Act Name Citation Royal Assent In force Summary (restes humains). (b) in any other case, the investigation of any designated offence. Act current to 2021-01-10 and last amended on 2018-03-06. Marginal note:Relatives of missing persons index. (b) a record to which subsection 120(6) of that Act applies. (iii) if the victim is deceased, their remains. 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. (d) on or within the body of any person or thing or at any place associated with the commission of a designated offence. Missing persons and human remains indices. 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. 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. 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. (4.1) The victims index shall contain DNA profiles derived from bodily substances of a victim of a designated offence that, (a) are voluntarily submitted by the victim for the purpose of having their DNA profile added to the index; or, (b) if the victim is unidentified, deceased or unable to consent to submitting their bodily substances or their whereabouts are unknown, are obtained, as the case may be, from, (ii) any place associated with the commission of the designated offence, and. (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. (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. BILL C-3: THE DNA IDENTIFICATION ACT . (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. (3) The crime scene index shall contain DNA profiles derived from bodily substances that are found. 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. (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. The Act addresses the question of DNA identification, and makes amendments to the Criminal Code and other Acts. (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. (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. THE DNA IDENTIFICATION ACT INTRODUCTION The analysis of deoxyribonucleic acid (DNA) is an integral part of the Canadian judicial system. 12 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations. The a Add your article (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. 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. 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. (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. (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. Of the 176 people killed in the crash, federal officials have said 138 were bound for Canada. (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. 6.3 (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. (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. 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." 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. 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. (4) The convicted offenders index shall contain DNA profiles derived from bodily substances that are taken under orders and authorizations. Use of results of DNA analysis — order or authorization. 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. 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 Act created a national DNA data bank. (2) The Commissioner shall compare each DNA profile that is added to the relatives of missing persons index with the DNA profiles that are already contained in the missing persons index and the human remains index. (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. The Act established a new law governing the creation and administration of a national DNA database. 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) 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. Marginal note:Purpose 3The purpose of this Act is to establish a national DNA data bank to help 1. (2) Forensic DNA analysis of stored bodily substances may be performed if the Commissioner is of the opinion that the analysis is justified because significant technological advances have been made since the time when a DNA profile of the person who provided the bodily substances, or from whom they were taken, was last derived. DNA Identification Regulations P.C. (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. (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. Subsequent communication — paragraph 6(1)(b). (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. “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. XML Full Document: DNA Identification Act [71 KB] | PDF Full Document: DNA Identification Act [269 KB] Act current to 2020-12-02 and last amended on 2018-03-06. (c) for the purposes set out in paragraphs (a) and (b), a voluntary donors index. Previous Versions, An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts. (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. (4) The bill adds offences, including repealed sexual offences, to the lists of 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 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). The legislation created the DNA Identification Act, which authorized the Solicitor General of Canada to establish a national DNA data bank maintained by the Commissioner of the RCMP. (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. (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. 5.4 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. 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