Minister of Justice Moves to Strengthen DNA Data Bank Laws

In June Minister of Justice and Attorney General of Canada, Vic Toews, Q.C., introduced a series of technical amendments to strengthen Canada’s DNA data bank laws.
The proposed reforms reflect the intent of Bill C-13, which was passed by Parliament in May 2005. Most notably, Bill C-13 expands the list of offences for which a DNA data bank order can be made. These new legislative changes will allow for the effective implementation of Bill C-13 by:

• Making it an offence to fail to appear for DNA sampling, similar to the offence for failing to show up for fingerprinting;
• Adding attempted murder and conspiracy to commit murder to the offences covered by the retroactive provisions, which apply to offenders convicted of a single murder, sexual offence or manslaughter prior to June 30, 2000, when the legislation that enabled the creation of the National DNA Data Bank came into force;
• Ensuring information provided by the National DNA Data Bank can be used to investigate all criminal offences;
• Simplifying the procedure to destroy samples taken from those convicted of an offence not intended to be included in the DNA data bank;
• Helping to ensure DNA data bank orders can be carried out even when, for logistical reasons, it may not be possible to take the sample at the precise time set out in the order; and,
• Clarifying definitions and procedures for obtaining a DNA data bank order and for sharing information with international law enforcement partners.

The National DNA Data Bank has become a valuable investigative tool for law enforcement, helping to focus leads, eliminate suspects and exonerate the innocent. To learn more, visit www.nddb-bndg.org
An online version of the legislation will be available at www.parl.gc.ca.