Privacy or protection? The law of DNA (Bill C-104).

• Author: Jennifer Clay

In July 1995, the federal government passed Bill C-104 allowing police investigators to take biological samples from suspects in serious criminal cases. The public and police heaved a sigh of relief while defence lawyers and civil rights activists voiced some concerns. However, all in all, the legislation has been well accepted and has, in fact, already been used in BC, resulting in a murder conviction. In the next year, there will likely be further legislation on the establishment of a DNA registry. This additional legislation will be sure to cause some debate as well.

A summary of DNA technology, the new legislation, and details regarding its first application follow.

The Technology

Before getting into the legislative issues, it is important to understand how DNA testing works. DNA (deoxyribonucleic acid) is present in almost every cell in the human body. The DNA in one cell is identical to the DNA in another cell so that, in the case of sexual assault, for example, the DNA in the blood of the suspect can be compared to the DNA in the semen found in the victim. There is no need to have samples of the same biological origin.

Another important characteristic of DNA is the similarity of DNA between relatives. DNA is inherited both maternally and paternally, so a child will end up with 50% of its father's DNA and 50% of its mother's. This is useful in determining paternity in a paternity suit, but also helps investigators examine charges of sexual assault if the perpetrator has fathered a child. Also, paternal DNA matching can be done to identify human remains which are unrecognizable through other means.

One final characteristic of DNA technology is its ability to deal with the smallest biological specimen. Using a newer technique called PCR, Polymerase Chain Reaction, the DNA from a drop of blood, for example, can be copied or amplified and then used in the analysis. RFLP, Restriction Fragment Length Polymorphism, the older DNA technique, could not be used in such a case because it requires a larger initial sample. Other samples which would require the use of PCR are single hairs, teeth samples, and cheek swab samples plus older biological evidence which has usually degraded. This new PCR technology has made it possible to get DNA results in cases which previously might have been left unresolved.

The New Legislation

Bill C-104 establishes the procedures for DNA testing of suspects of violent crimes such as murder, sexual assault, incest...