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Justice committee --to allow the international--
February 27th, 2007Committee meeting
David Bird
Justice committee The problem with Bill C-13was that when we looked at it, we didn't have the drafting authority to go that much further before it got to you. The end result was that it mirrored the old regime for international but not for the current recognized need to do moderate matching intern
February 27th, 2007Committee meeting
David Bird
Justice committee I'm not sure that I can respond to that without knowing simply which of the--
February 27th, 2007Committee meeting
David Bird
Justice committee You're talking about in Bill C-18?
February 27th, 2007Committee meeting
David Bird
Justice committee My understanding is that we should be reflecting the intent of the original Bill C-13. It's simply a matter of reformatting it to ensure that we've got the intent properly.
February 27th, 2007Committee meeting
David Bird
Justice committee In essence, my understanding of the conspiracy issue that Mr. Comartin raised is that there was an anomaly between what we could get a warrant for and what we could get a DNA data bank.... We had an exception. We couldn't have conspiracies. Conspiracies may be seen as a lesser of
February 27th, 2007Committee meeting
David Bird
Justice committee It doesn't. The problem is that Bill C-13 has not been proclaimed with respect to the definitions of designated offences, which means that it can't be used until that is proclaimed. I understand the technical problems in the wording caused.... My justice department drafting col
February 27th, 2007Committee meeting
David Bird
Justice committee It seems to me--and this is my understanding--that these categories were really created by the committee itself when Bill C-13 was being debated. The concern of the committee was that the data bank, the convicted offender index, was not receiving the volume of designated offenc
February 27th, 2007Committee meeting
David Bird
Justice committee Well, I can tell you that in order for a sample to be taken from a convicted offender, there had to be a valid court order. If you have a case where...and I think it's a human factor. My explanation from talking to judges and prosecutors is that the system is complex. In other
February 27th, 2007Committee meeting
David Bird
Justice committee In answer to the question of what the motivator is for the international sharing of DNA profiles, it's simply public safety. It's recognized that Canada has been one of the actual prime movers to encourage international sharing of DNA at the G8 level during sessions there, recogn
February 27th, 2007Committee meeting
David Bird
Justice committee The purpose of the amendments is to permit, both domestically and internationally, information that links potential crimes together to be used for that purpose. Bill C-18 amended the legislation and changed it to “designated” offences. Previously, it was “criminal” offences. It's
February 27th, 2007Committee meeting
David Bird
Justice committee Again, Canada has--
February 27th, 2007Committee meeting
David Bird
Justice committee The only guarantees I could provide you with are those provided by the DNA Identification Act, which makes it a criminal offence for the commissioner or the commissioner's delegates to use DNA information that the agency has in the National DNA Data Bank for any other purpose tha
February 27th, 2007Committee meeting
David Bird
Justice committee The answer is yes. Young offenders are treated, for the purposes of DNA data banking orders by courts, exactly as adults are, and they will be subject to the same designated offences if they're found guilty, as opposed to being convicted. You'll see the various language. But a yo
February 27th, 2007Committee meeting
David Bird
Justice committee The DNA Identification Act does not prescribe where crime scene profiles will come from. It simply obliges the commissioner to deal with what he receives for entering into the convicted offender index, and as a matter of policy and as a matter of the amendments to Bill C-13, that
February 27th, 2007Committee meeting
David Bird