BILL C104 VS BILL C3: WHAT`S NEW?

Bill C-3 and Bill C-104 are often confused with each other. It is important to recognize that these are two different pieces of legislation, with two different goals.

Bill C-104 came into effect in July 1995. This Bill amended the Criminal Code and the Young Offenders Act. Bill C-104 enables a judge to issue a warrant allowing police to collect from suspects in a criminal investigation, biological samples for DNA analysis and comparison against evidence left at a specific crime scene.

Bill C-3, the DNA Identification Act, received Royal Assent in December of 1998. The DNA Identification Act, and its companion amendments contained in Bill S-10, received proclamation, and came into full effect, June 30th 2000. The DNA Identification Act establishes a National DNA Data Bank, and enables a judge to issue an order authorization allowing police to collect from offenders convicted of certain designated offences, biological samples for inclusion in the National DNA Data Bank.


Bill C-104 (1995) Warrant Legislation

Bill C-3 and S-10 (2000) DNA Identification Act

  • Warrant required.
  • Court order/authorization required.
  • Designated offences.
  • Mostly serious violent/sexual offences.
  • Designated offences.
  • Mostly serious violent/sexual offences.
  • Samples collected from suspects.
  • Warrant based on reasonable grounds.
  • Samples collected from convicted offenders.
  • Collection order based on conviction.
  • Samples sent to/analysis conducted by regional lab.
  • Samples sent to/analysis conducted by National DNA Data Bank.
  • Samples are stored as evidence for criminal investigation.
  • Samples are stored for use/retrieval by National DNA Data Bank.


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Date Published : 2001-04-22
Last Updated : 2003-04-10