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Justice committee  Just give me a few seconds to find the relevant provision in Cournoyer. Bill C-13 adopted by the previous Parliament created 16 offences of such an egregious nature that the judge has no choice but to make on order. Subsection 1(5) on page 2 of this bill lists these primary desi

March 1st, 2007Committee meeting

Greg Yost

Justice committee  I'd like to clarify something here. There are several different primary designated offences. For example, if the person is a member of a criminal organization, the onus is on that person to convince the court. In the case of secondary designated offences, the Crown must make th

March 1st, 2007Committee meeting

Greg Yost

Justice committee  The scope of Bill C-13 has been broadened to add to the list murder and one of the sexual offences. For example, all persons having dangerous offender status are included in this list. Manslaughter has also been added. The bill also adds to the list attempted murder and conspira

March 1st, 2007Committee meeting

Greg Yost

Justice committee  You can well imagine that we went over that decision with great interest. First of all, it was a four to three decision, but that was on the ex parte procedural issues. The majority ringingly endorsed the constitutionality of the DNA retroactive scheme and made very fine commen

February 15th, 2007Committee meeting

Greg Yost

Justice committee  If I may address the second part of your question, which is what we are doing to try to get a higher percentage of orders, if I can put it that way, the bill will have more samples coming in simply by expanding the number. With respect to getting more orders where a primary des

February 15th, 2007Committee meeting

Greg Yost

Justice committee  I'll take the liberty of adding a comment. It is extremely important that you know that we never send samples; we send profiles. I know that really troubles my colleagues who work at Canada's National DNA Data Bank. They set bodily substances aside; we don't touch them. We do no

February 15th, 2007Committee meeting

Greg Yost

Justice committee  Almost all of them are. I'd have to check my notes. We added a couple. We transferred some from the secondary to the primary, and I believe we added one or two new ones. The overwhelming majority are the secondaries and the generic ones, in fact.

February 15th, 2007Committee meeting

Greg Yost

Justice committee  A very large number of them would be dual procedure, yes.

February 15th, 2007Committee meeting

Greg Yost

Justice committee  No, the definition says that for the purposes of making a DNA data bank order, you must proceed by indictment. So they're within the definition, which allows the police to go and seek the warrant, but you cannot get a DNA data bank order unless the Crown has proceeded by indictme

February 15th, 2007Committee meeting

Greg Yost

Justice committee  The answer is no, it cannot be. There is no provision in the legislation allowing that to be done.

February 15th, 2007Committee meeting

Greg Yost

Justice committee  That's a policy question.

February 15th, 2007Committee meeting

Greg Yost

Justice committee  If you're referring to the national DNA data bank, they receive the blood samples on those nice clean cards and they put them to the robotics, and they usually have them uploaded within a week. They have no backlog. Their capacity was originally set for 30,000 and they're receivi

February 15th, 2007Committee meeting

Greg Yost

Justice committee  I'll take a shot at answering that. The original legislation required that the DNA be taken as soon as a sentence was pronounced, which rapidly turned out to be inefficient, ineffective, with police having to be around at all times. It simply could not be done. Bill C-13 contai

February 15th, 2007Committee meeting

Greg Yost

Justice committee  I'd simply like to clarify one point. The minister said that we were adding 172 offences; that's true, but they were added in the old bill, C-13. The present bill, C-18, adds no offences to the list that was previously adopted in Bill C-13.

February 15th, 2007Committee meeting

Greg Yost

Justice committee  Most of the 172 offences are punishable by indictment and carry prison terms of five years or more, like drug offences and so on. So these offences would be added in Bill C-13, as amended by Bill C-18.

February 15th, 2007Committee meeting

Greg Yost