Criminal Code of Canada - section 490.02905(4) - Removal of information from database

section 490.02905(4)

INTRODUCTION AND BRIEF DESCRIPTION

An exemption order requires the removal of all information related to a person from the Royal Canadian Mounted Police database upon receipt of notice.

SECTION WORDING

490.02905(4) If the court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice.

EXPLANATION

Section 490.02905(4) of the Criminal Code of Canada is a provision that stipulates the procedure to be followed by the court when making an exemption order in relation to DNA records. Under this section, if the court grants an exemption order to a person who has had their DNA sample and information entered into the national DNA database, the court must also order the Royal Canadian Mounted Police (RCMP) to permanently remove all related information from the database. The exemption order may be granted if the court finds that it is in the best interest of the administration of justice, the person, or any other interested party. This section is particularly important because it recognizes the rights of individuals who have provided their DNA samples or information to the database, and who may later wish to withdraw it for various reasons. Notably, the information that is required to be removed from the database includes any fingerprints, DNA profiles, and any other associated personal information linked to the person's DNA sample. The order for removal shall be made immediately upon receipt of a copy of the court's exemption order. In summary, this section of the Criminal Code of Canada ensures that the privacy rights of individuals who have their DNA information registered in the database are protected. It also emphasizes the need for the RCMP to comply with the court's orders in order for the system to continue to function effectively and maintain public trust and confidence.

COMMENTARY

Section 490.02905(4) of the Criminal Code of Canada plays a crucial role in safeguarding the rights of individuals who are found not guilty of a criminal offence, and those who are granted pardon or record suspension. It mandates the court to issue an exemption order that requires the Royal Canadian Mounted Police (RCMP) to remove all information related to the person from its database permanently. The section recognizes the fact that the mere accusation of a crime can have severe consequences on a person's reputation, professional prospects, and their ability to engage in certain activities. When someone is acquitted of a crime, or their record is expunged, it is only fair that they should be allowed to move on without the burden of the allegations hanging over their heads. One of the most significant benefits of this section is that it protects the privacy of individuals who have been wrongly accused of a crime. In many cases, even if an individual is acquitted, the information related to the case remains on file with the RCMP. This can have long-lasting and detrimental effects on the person's life, even if they have done nothing wrong. By mandating the RCMP to remove such information, this section ensures that individuals are protected from unwarranted intrusions into their privacy. Moreover, this section also helps to prevent stigmatization based on past criminal allegations. It recognizes the fact that people should not be defined by their mistakes, especially if they have served their time or have been found not guilty. By removing the information related to the case from the RCMP database, it helps to prevent the person from being discriminated against based on their past. Another critical aspect of this section is that it is permanent. Once the court issues an exemption order, the RCMP must remove all related information from their database, and it cannot be reinstated. This ensures that people can move on with their lives without fear that their past will come back to haunt them in the future. Overall, Section 490.02905(4) is an essential provision in the Criminal Code of Canada that recognizes the importance of privacy, fairness, and the right to move on from past mistakes. It provides much-needed protection for individuals who have been wrongly accused of a crime and ensures that they are not stigmatized based on allegations that have not been proven in court. By permanently removing such information from the RCMP database, this section helps to safeguard the rights of individuals and ensure that justice is served.

STRATEGY

Section 490.02905(4) of the Criminal Code of Canada is a provision that allows individuals who have been found not guilty or had charges withdrawn to have their DNA samples removed from the national DNA database. This section of the code presents a number of strategic considerations when dealing with cases where it may be applicable. The first strategic consideration is knowing when to apply for an exemption order. In order for an exemption order to be granted, the accused must not have been convicted of the crime for which their DNA sample was taken. Therefore, it is important to evaluate the strength of the Crown's case and the likelihood of a conviction before seeking an exemption order. If a conviction appears likely, it may be better to wait until after sentencing to seek the order. Another strategic consideration is the timing of the exemption order application. Section 490.02905(4) requires that the RCMP remove all information that relates to the person from the database on receipt of the notice. Therefore, it is important to ensure that the application is made at the right time to minimize the risk of the RCMP already processing the individual's DNA sample. It may also be useful to communicate with the Crown early on to ensure that they are aware of the request for an exemption order and to avoid any delays in the process. Another strategy that could be employed is to provide evidence to support the exemption order application. The Crown may argue that the DNA sample is necessary for public safety or to compare with other unsolved crimes. In order to counter this argument, it may be useful to provide expert testimony to show that the accused's DNA is unlikely to be useful in any future investigations. Additionally, evidence showing that the accused is not a danger to society may also be persuasive. Another strategic consideration is to ensure that the RCMP complies with the order to permanently remove all information relating to the accused from the database. It may be helpful to follow up with the RCMP after the order is made to ensure that they have removed all relevant information. If the RCMP fails to comply with the order, it may be necessary to take legal action to enforce it. In conclusion, Section 490.02905(4) of the Criminal Code of Canada presents a number of strategic considerations when dealing with cases where an exemption order may be applicable. Knowing when to apply for the order, the timing of the application, providing evidence to support the application, and ensuring that the RCMP complies with the order are all important factors to consider. By carefully considering these factors, individuals can increase their chances of successfully obtaining an exemption order and having their DNA sample permanently removed from the national DNA database.