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Public Safety committee  Strangely enough, the Identification of Criminals Act allows persons to be fingerprinted, photographed, or subjected to such other measurements, processes, and operations having the object of identifying persons as are approved by order of the governor in council. In theory, we c

February 24th, 2009Committee meeting

Greg Yost

Public Safety committee  I'd like to make a comment. The problem is that you can carry out all sorts of analysis on all sorts of things found by the police to try to find DNA without managing to do so or establishing a profile. It is possible to spend a great deal of money without obtaining any result.

February 24th, 2009Committee meeting

Greg Yost

Public Safety committee  With respect to judicial discretion, I've never fully understood why we are getting so few orders in, not just in primaries but particularly in secondaries. In 2001, in a case called Hendry, the Ontario court of appeal concluded—they were looking at four appeals where orders were

February 24th, 2009Committee meeting

Greg Yost

Public Safety committee  I'll take the first shot at it. I referred to the fact that this paper we've distributed has been changed frequently, and there's a reference to a Marper case in there. The United Kingdom's House of Lords unanimously upheld their system of “take it from everybody for just about a

February 24th, 2009Committee meeting

Greg Yost

Public Safety committee  That rather touches policy. The simplest way, in my view, would be to amend the DNA Identification Act so that the commissioner—or an independent body, if we end up with one—would be allowed to transmit any information they have that may be of assistance to a law enforcement in

February 24th, 2009Committee meeting

Greg Yost

Public Safety committee  Mr. Chair, I did have a brief comment.

February 24th, 2009Committee meeting

Greg Yost

Public Safety committee  It's just to keep drawing the attention to what we tried to do in Bill C-13 and Bill C-18, the reference to samples being sent abroad. Mr. Bird refers to profiles. We're talking here about the computers comparing numbers. We're not talking about the bodily substances we have gath

February 24th, 2009Committee meeting

Greg Yost

Public Safety committee  I would just add that what paragraph 6(1)(d) talks about cannot be excluded. That's where the difference comes. The data bank advisory committee, as you've heard, has some international experts on this. My understanding--and every time I talk about the science, Dr. Fourney winc

February 24th, 2009Committee meeting

Greg Yost

Public Safety committee  Mr. Chairman, members of the committee, it's a pleasure to be here. Let me begin by pointing out that all of the panellists have worked closely together for many years on DNA issues. I've been counsel on the DNA file in the criminal law policy section since 2002 and lead counsel

February 24th, 2009Committee meeting

Greg Yost

Justice committee  I'll let Mr. Pruden take a crack at that first.

February 23rd, 2009Committee meeting

Greg Yost

Justice committee  With respect to the roadblocks and so on, they are very effective. The random breath testing serves two purposes. One is that these roadblocks--setting them up and all of that sort of thing--are very police-resources intensive. When you do set them up, they're more effective when

February 23rd, 2009Committee meeting

Greg Yost

Justice committee  I'll start with respect to deterrence. Certainly, I am amazed that with the level of the penalties under the Criminal Code, people still drive after drinking. You'd think these penalities would be enough to deter them, but apparently they aren't. We talked about the loss of a l

February 23rd, 2009Committee meeting

Greg Yost

Justice committee  Obviously, the committee could hear from persons who have more experience in this area than either myself or Mr. Pruden. All I can say is that in countries where the BAC limit has been lowered, this move has had a deterrent effect. The number of accidents and deaths have decrease

February 23rd, 2009Committee meeting

Greg Yost

Justice committee  For starters, the consequences you spoke of would be more or less the same for all provinces. For example, an Ontario driver would pay higher private insurance premiums after an conviction for impaired driving. Everything you talked about would apply if the BAC limit was lowered

February 23rd, 2009Committee meeting

Greg Yost

Justice committee  My understanding is no, that when Australia brought in the 0.05, the number of charges remained approximately the same. The general BAC levels of people they were pulling over dropped. It seemed as though everybody had one drink or so less. So the people who might have been 170 w

February 23rd, 2009Committee meeting

Greg Yost