What is a DNA Warrant?

A DNA warrant is a document that the court signs, which permits the police to obtain a DNA sample from you. The sample may be obtained from your hair, blood, saliva, or other bodily samples.

When Can the Police Take My DNA Sample?

DNA Warrant vs Court Order for DNA Sample

1) DNA Warrant During an Investigation: The police can get a DNA warrant against you when they suspect you have committed certain crimes and they want to investigate you as a suspect; and

2) DNA Court Order After a Conviction: The police can get a court order for your DNA if you’ve been convicted (found guilty by a court) of certain crimes and they want to add your DNA to a national data bank.

1) DNA Warrant During an Investigation

The police can get a warrant for your DNA if they can show the court you are suspected of certain serious crimes. In Canada, these crimes are called “designated offences.” There are many designated offences, but some of the commonly known examples are

• murder
• drug trafficking
• sexual assault
• criminal harassment (a.k.a. stalking).

What Can the Police Do with a Sample of my DNA During an Investigation?

The police use your DNA sample to make a DNA profile. Then, the police compare your DNA profile to a DNA profile at a crime scene. If your DNA profile matches the DNA profile at the crime scene, this fact could help prove you were at the crime scene. If your DNA profile does not match the DNA profile at a crime scene, this fact could help prove you were not at the crime scene.

You cannot refuse to give your DNA sample if the police have a warrant to collect it.

The police cannot provide your DNA sample to the national data bank during the investigation stage.

2) Court Order for DNA Sample After a Conviction (After Being Convicted of a “Designated Offence”):

If you have been to court and plead guilty of certain crimes called “designated offences”, or if you have been tried in court and found guilty of a designated offence, you will be “convicted” of the offence. The court will order that you provide a DNA sample. There are a wide variety of designated offences, but some of the commonly known examples are:

• murder
• drug trafficking
• sexual assault
• criminal harassment (a.k.a. stalking).

You cannot refuse to give a DNA sample if you are court-ordered to provide it.

What Can the Police Do with the Sample of my DNA in the Data Bank?

The data bank holds the DNA profiles from people convicted of designated offences. The police can access the DNA data bank when investigating other crimes, trying to match the DNA profile at the crime scene with a DNA profile in the data bank. It is not uncommon for the DNA profile at a crime scene to match one of the DNA profiles in the data bank.