DNA Identification Act (S.C. 1998, c. 37)

Act current to 2016-09-18 and last amended on 2012-10-23. Previous Versions

DNA Identification Act

S.C. 1998, c. 37

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:

Short Title

Marginal note:Short title

 This Act may be cited as the DNA Identification Act.

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Act.

authorization

autorisation

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

commissaire

Commissioner means the Commissioner of the Royal Canadian Mounted Police. (commissaire)

designated offence

infraction désignée

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

ADN

DNA means deoxyribonucleic acid. (ADN)

DNA profile

profil d’identification génétique

DNA profile means the results of forensic DNA analysis of a bodily substance. (profil d’identification génétique)

forensic DNA analysis

analyse génétique

forensic DNA analysis, in relation to a bodily substance, means forensic DNA analysis of the bodily substance. (analyse génétique)

order

ordonnance

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

Loi sur les jeunes contrevenants

Young Offenders Act means chapter Y-1 of the Revised Statutes of Canada, 1985. (Loi sur les jeunes contrevenants)

young person

adolescent

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)

  • 1998, c. 37, s. 2;
  • 2000, c. 10, s. 4;
  • 2002, c. 1, s. 187;
  • 2005, c. 25, s. 14;
  • 2007, c. 22, s. 27.

Purpose

Marginal note:Purpose

Footnote * The purpose of this Act is to establish a national DNA data bank to help law enforcement agencies identify persons alleged to have committed designated offences, including those committed before the coming into force of this Act.

  • Return to footnote *[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.]

Principles

Marginal note:Principles

 It is recognized and declared that

  • (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;

  • (b) the DNA profiles, as well as samples of bodily substances from which the profiles are derived, may be used only for law enforcement purposes 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

    • (ii) the use of, and access to, bodily substances that are transmitted to the Commissioner for the purposes of this Act.

  • 1998, c. 37, s. 4;
  • 2000, c. 10, s. 5.

National DNA Data Bank

Marginal note:Establishment
  •  (1) The Minister of Public Safety and Emergency Preparedness shall, for criminal identification purposes, establish a national DNA data bank, consisting of a crime scene index and a convicted offenders index, to be maintained by the Commissioner.

  • Marginal note:Commissioner’s duties

    (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.

  • Marginal note:Crime scene index

    (3) The crime scene index shall contain DNA profiles derived from bodily substances that are found

    • (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

    • (d) on or within the body of any person or thing or at any place associated with the commission of a designated offence.

  • Marginal note:Convicted offenders index

    (4) The convicted offenders index shall contain DNA profiles derived from bodily substances that are taken under orders and authorizations.

  • Marginal note:Other information

    (5) In addition to the DNA profiles referred to in subsections (3) and (4), the DNA data bank shall contain, in relation to each of the profiles, information from which can be established

    • (a) in the case of a profile in the crime scene index, the case number of the investigation associated with the bodily substance from which the profile was derived; and

    • (b) in the case of a profile in the convicted offenders index, the identity of the person from whose bodily substance the profile was derived.

  • 1998, c. 37, s. 5;
  • 2000, c. 10, s. 6;
  • 2005, c. 10, s. 34, c. 25, s. 15;
  • 2007, c. 22, s. 28.
Marginal note:Review of information transmitted
  •  (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.

  • Marginal note:Forensic DNA analysis

    (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 enter the resulting DNA profile in the convicted offenders index.

  • Marginal note:Retention of order or authorization

    (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.

  • 2005, c. 25, s. 16;
  • 2007, c. 22, s. 29.
Marginal note:Defect in order or authorization
  •  (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

    • (b) the Director of Military Prosecutions, if the order or authorization was transmitted under section 196.22 of the National Defence Act.

  • Marginal note:Confirmation or correction

    (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.

  • Marginal note:Substantive defect

    (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.

  • Marginal note:Destruction of bodily substances

    (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

    • (a) a confirmation that the order or authorization is valid;

    • (b) a corrected order or authorization;

    • (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

    • (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.

  • 2005, c. 25, s. 16;
  • 2007, c. 22, s. 30.
 
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