For Immediate Release
February 3, 2005
OTTAWA – The Canadian Bar Association (CBA) condemns the proposed expansion of the federal DNA data bank as a severe threat to the privacy rights of Canadians.
"Changes to the Criminal Code to allow the collection of more DNA samples would place the privacy rights of Canadians at risk," says Joshua Weinstein of Winnipeg, executive member of the CBA's National Criminal Justice Section.
"This kind of intrusion on privacy should only be permitted in conjunction with the very serious crimes of homicide and serious sexual offences," Joshua Weinstein says. "Any expansion of the law must be approached with utmost caution."
Bill C-13 would expand the data bank by adding a number of criminal offences to the list of those for which judges must order DNA samples. As well, individuals suffering from mental illness who have been found not guilty by reason of mental disorder could now be compelled to provide a DNA sample.
The CBA also questions the timing of the changes. A comprehensive review of the current laws regarding the collection of DNA samples is slated to begin later this year.
"If changes are needed, we believe they should be made after a review of the existing regime, not in a piecemeal fashion like the proposed changes in this bill," Joshua Weinstein adds. "Any changes that would affect privacy rights should only be made after due consideration and review."
Joshua Weinstein will be part of a CBA delegation appearing before the House of Commons Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness on Thursday, Feb. 3, Room 371 West Block at 9:00 a.m. to address Bill C-13, amending the Criminal Code, the DNA Identification Act and the National Defence Act. Copies of the submission are available on the CBA website, http://www.cba.org/CBA/submissions/pdf/05-06-eng.pdf.
The Canadian Bar Association is dedicated to improvement in the law and the administration of justice. Some 38,000 lawyers, law teachers, and law students from across Canada are members.
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CONTACT: Hannah Bernstein, Canadian Bar Association, Tel: (613) 237-2925, ext. 146; E-mail: hannahb@cba.org.
