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.

Designated offences are listed on the RCMP National DNA Data Bank website. The Criminal Code says which offences are primary and which are secondary.

Primary offences

Primary designated offences are mostly crimes of a violent or sexual nature. They include:

  • serious assaults
  • robbery

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 offences

Secondary designated offences include:

These offences include:

  • uttering threats
  • 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.

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