(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. (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. (b) the comparison under this Act of the profile with other profiles will not assist in the investigation with respect to which the profile was obtained. The government responded by assenting to the DNA Identification Act on December 10, 1998. Young persons — destruction of bodily substances. (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. (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. 5.5 (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 use of DNA for identification purposes in Canada is governed by the 1998 DNA Identification Act (the Act). (b) a person who has been eliminated as a suspect in the relevant investigation. 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. (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. (4.5) 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. 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. 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. Missing persons and human remains indices. (ordonnance), Young Offenders Act means chapter Y-1 of the Revised Statutes of Canada, 1985. The national DNA data bank reports that as of May 14, 2002, 21,862 DNA profiles have been entered into the convicted offender index and 5,142 DNA profiles have been entered into the crime scene index. 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. The NDDB was established in June 2000 through the enactment of the DNA Identification Act. 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. 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 (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. (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. 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. (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. (b) the personnel of any laboratories that the Commissioner considers appropriate for training purposes. Canada’s DNA Identification Act currently prohibits law enforcement from conducting familial searches, an exercise allowed in the United States. These orders are legally binding, and the offender must surrender a sample of his or her DNA. (b) without delay after the person is finally acquitted of every designated offence in connection with which an order was made or an authorization was granted. 2 The definitions in this section apply in this Act. (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. 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. DNA Data Bank legislation has created a valuable tool for law enforcement. (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. (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. 5.3 (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. substances for forensic DNA analysis and the inclusion of DNA profiles in the national DNA data bank. (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. investigating authorityâmeans, 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.â(autorité chargée de lâenquête), orderâmeans an order made under section 487.051 of the Criminal Code or section 196.14 of the National Defence Act.â(ordonnance), Young Offenders Actâmeans chapter Y-1 of the Revised Statutes of Canada, 1985.â(Loi sur les jeunes contrevenants), young personâhas 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.â(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. 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. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed. 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." A properly and fully subscribed National DNA Data Bank promises to assist police in the identification of persons who have committed crimes, both local and cross-jurisdictional. (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. (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. 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