Can I be ordered to give a sample of my DNA?
Yes, you can be ordered to give a sample of your DNA.
You must give a sample of your DNA if:
- the police have a that says you must give them a DNA sample
- you've been of a designated and the court orders a sample for the DNA data bank
- you've been found not criminally responsible for a designated offence and the court orders a sample for the DNA data bank
There are two types of designated offences: primary and secondary. The court can ask for a DNA sample for both types of designated offences. This is because of the seriousness and circumstances of these types of crimes.
Primary designated offences are mostly crimes of a violent or sexual nature. They include:
- serious assaults
If you're convicted of a , you will usually have to give a DNA sample. You might not have to give a DNA sample if you can convince the judge that the possible impact on public interest does not justify the impact on your privacy. But for primary designated offences, a DNA sample is usually required as part of your .
Secondary designated offences include:
- all indictable offences in the Criminal Code that have a maximum sentence of 5 years or more
- specific indictable offences under the Controlled Drugs and Substances Act that have a maximum sentence of 5 years or more
These offences include:
- serious drug-related offences such as trafficking
If you're convicted of a , a DNA sample is not usually required. But the judge may tell you to give a DNA sample if the Crown convinces them it would be in the best interests of justice to do so.