DNA Data Bank Legislation - Consultation Paper 2002

Table of Contents

• Introduction

  • Legislative history
  • The operation of Canada's national DNA data bank
  • Consultation with Canadians

• Criminal Code DNA Provisions

  • Judicial discretion
  • Temporal scope of the Criminal Code DNA data bank provisions
  • Primary designated offences and secondary designated offences
  • Differences in the treatment of primary and secondary designated offences
  • Judicial consideration of the legislation

• Consultation Questions

  • Issue 1: Whether there is a need to amend the current lists of designated offences in s. 487.04 of the Criminal Code.
  • Issue 2: Whether there is a need to amend the Criminal Code to allow DNA samples to be taken from individuals found not criminally responsible by reason of mental disorder for inclusion in the DNA data bank.
  • Issue 3: Whether there is a need to amend the Criminal Code to expand the scope of the "retroactive" aspect of the DNA data bank legislation.
  • Issue 4: Whether there is a need to amend the Criminal Code to address certain procedural issues.
  • Issue 5: Whether there is a need to provide for re-sampling in some cases where access to the offender's DNA has, by operation of law, been permanently removed from the national DNA data bank.

• Annex A

• How to Submit Your Comments

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