The Canadian National DNA Data Bank opened for business in June 2000. DNA
profiles from biological samples are kept in two indexes - one for convicted
offenders and one for unsolved crime scenes. The Canadian DNA Data Bank is part
of the RCMP National Police Services and is available to all law enforcement
agencies across
The DNA Data Bank helps investigators identify suspects, link crime scenes where there are no suspects, eliminate suspects, and determine if a serial offender may be involved in a crime.
Under the Canadian Criminal Code, judges can order those convicted of designated offences to provide samples for DNA analysis. Young offenders can be included in the DNA Data Bank. The Canadian National Defence Act also lets military judges make DNA Data Bank orders.
For purposes of the DNA Data Bank, offences are designated primary or secondary.
Primary designated offences are the most serious criminal offences - for example, murder and manslaughter, sexual offences and aggravated assault. A judge who convicts a person of a primary designated offence is required to make an order for the collection of a DNA sample from the offender, unless the offender can convince the court that the impact on his or her personal privacy and security outweighs the public interest. Internet luring of a child, child pornography and criminal organization offences were added to the list of primary designated offences when legislation strengthening the DNA Data Bank was passed in 2005.
Secondary designated offences include less serious crimes like arson. For secondary designated offences, the Crown must apply for a DNA collection order and show the court that it is in the best interests of justice that it be granted.
When a new DNA profile is added to the DNA Data Bank, it is compared with profiles already there. If a match is found, the investigators are informed. Data comparisons and sharing information with foreign law enforcement agencies are permitted, as long as there is agreement that the information will be used to investigate or prosecute a criminal offence.
To protect the privacy of individuals, limits have been placed on the access and use of the DNA Data Bank and on communications about both profiles and the bodily substances used. The DNA Data Bank is used strictly for law enforcement purposes. All other uses, including medical research, are against the law.
By May 2006, the DNA Data Bank had nearly 100,000 entries in the Convicted Offender Index and over 28,000 DNA profiles in the Crime Scene Index. Since its inception, the DNA Data Bank has resulted in over 5,200 crime-scene-to-offender matches, and more than 750 crime-scene-to-crime-scene matches.
Public Policy
Thanks to a shift in values from individual rights toward public safety, society tolerated the creation and use of DNA Databases.
DNA
Identification Act
The purpose of the 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.
Public Policy Principles:
(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, 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
(ii) the use of, and access to, bodily substances.
National DNA data
bank, consisting of a crime scene index and a convicted offenders
index.
Crime scene index:
The crime scene
index contains 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.
Convicted offenders index
The
convicted offenders index contains DNA profiles
derived from bodily substances.
Primary designated offences:
·
Terrorism related offenses: hijacking, endangering safety of
aircraft or airport, using explosives, participation in activity of terrorist
group, facilitating terrorist activity,
·
Sexual offenses: sexual assault, sexual interference, invitation
to sexual touching, sexual exploitation, incest, juvenile prostitution,
·
Culpable homicides: infanticide, murder, manslaughter,
·
Aggravated assaults: assault with a weapon or causing bodily harm.
·
Kidnapping
Secondary offenses
·
Bestiality in the presence of or by child.
·
Child pornography, indecent acts.
·
Parent or guardian procuring sexual activity
·
Causing death or bodily harm by criminal negligence
·
Impaired driving causing bodily harm or death.
·
Assault
·
Torture
·
Robbery, breaking and entering.
·
Mischief that causes actual danger to life
·
Arson
The Value
of the DNA Data Bank
The use of forensic DNA analysis has emerged as one of the most powerful tools available to law enforcement for the administration of justice. The National DNA Data Bank assists in solving crime by:
The National DNA Data Bank, located in
As of
Evidence in the Canadian Criminal Justice
Process
Evidence are the rules that govern what can be presented
to a trier of fact in a criminal justice process
Sources of evidence
In
To prove a fact:
Relevance depends on purpose, evidence
will be admitted as relevant for a purpose but cannot be used in any other way.
Relevant evidence
must be material. Its relevance must go towards proving a fact that is of
consequence to the trial. That is, there must be a relationship between the
evidence and a legal issue put to the court.
Evidence can be
material in one of two ways. It can be either direct or circumstantial. Direct
evidence is evidence that supports a proposition directly at issue in case. For
example, finger prints at a murder scene in a criminal trial. Circumstantial
evidence, however, is evidence that can be used to infer a conclusion. For
example, a sighting of the accused in the neighbourhood at the time of the
crime. One type is not necessarily stronger than the other.
Circumstantial evidence is the result of combining
seemingly unrelated facts that, when considered together, can be used to infer
a conclusion.
The degree of
relevance is called "probative value" of the evidence. The "probative
value" becomes important when issues arise around the appropriateness of
the evidence. Given the limited time allocated to a case, less probative
evidence will often be overlooked in order to present more valuable evidence.
Probabtive value of evidence is often of particular importance when a
particular piece of evidence is also prejudicial to the accused. Certain
evidence can inappropriately influence triers of fact as it appeals to their
emotions or baises. The positive value of evidence must be weighed against the
potential hostility or sympathy that it may create.
Exclusion of evidence
Although the first
rule of evidence is to admit all relevant evidence there are certain types of
relevant evidence that should not be admitted as it will have a prejudicial
effect on the fairness of the trial. It is said that there are three grounds of
excluding evidence on the basis of its prejudice: "moral",
"logical", and "time".
First, there is
evidence of moral prejudice which has the potential of creating outrage
in the jury and could influence them to make their decision based on emotion.
For example, a jury may get the urge to punish an accused for past bad acts
even though they are not at issue in the trial. Second, there are logical prejudices
that suggest to the jury to make improper inferences, such as relating the
accused race with a particular disposition. Last, there is evidence that is
prejudicial to time and resources. The jury should not have their time wasted
with minor evidence that will waste their time and confuse them from the real
issues.
All judges have a
discretion to exclude any evidence on the basis that its prejudicial effect
will outweigh the probative value.
The standard of proof asks to how convinced the trier of fact must be of
some something. Generally speaking, in Canadian Crimina Justice, the standard
is Beyond a Reasonable Doubt.
Classes of
evidence
Real evidence consists of all tangible evidence,
physical objects such as , tape recordings, computer printouts or photographs.
Real evidence, as all other evidence, must first be relevent. Secondly, it must
be authentic.
Authentication is often proven by having witnesses
identify the object and verify its authenticity.
·
Documentary
evidence
Documentary evidence is any kind of evidence on
which relevent information is printed upon.
Testimonial evidence is evidence given by a
witness in the form answers to posed questions.
Who can be a witness
at a trial depends on two factors, competence and compellability. The
competence of a witness asks whether a willing witness is permitted to testify.
While compellability asks whether the competent witness can be made to testify
even if it’s against their will.
At common law, all
individuals are presumed competent to testify, except for children (<14),
people of low mental capacity (inquiry by the judge), and spouses (except in
sexual offenses and sex crimes against children). In each of these it is up to
a challenger to establish the incometence of the witness.
To testify, a witness need only be able to a)
observe, b) recall his or her observations accurately, c) communicate his or
her recollections.
Lay witnesses vs. expert witnesses
When a witness is put on a stand their
primary role is to recall their knowledge of some past event at issue in the
case. As a general rule non expert witnesses are not allowed to give any
opinion. Experts are generally allowed to give their opinion in matters within
their expert knowledge.
Examination of witnesses
The prosecution presents its main
case through direct examination of prosecution witnesses,
including expert witnesses by the prosecutor (leading questions are not
permitted).
Cross-examination.
The defense may cross-examine the prosecution witnesses (leading questions are
permitted). Redirect. The prosecution reexamines the
defense witnesses.
The defense presents its main
case through direct examination (leading questions are not permitted) of
defense witnesses (accused may choose not to testify). The prosecutor
cross-examines the defense witnesses (leading questions are permitted).
Objections