'. North Vancouver. RCMP Const. Local RCMP back DNA testing bill THE FEDERAL govern- ment plans: to Jet police squeeze the biological juice out of uncooperative crimi- nal suspects, By Aana Marie D'Angelo eee ene neater News Reporter In-an April feuer to North _ Vancouver-Seymour MLA Daniel Jarvis, Justice Minister Allan Rock said he plans to introduce a bill this year that would outline how “bodily samples” ‘ could be obtained from suspects for DNA test- ing. The justice minister said the DNA sampling would ensure “that the investigation of crimes is not frustrated and the suspect’s rights to rea-, sonable expectation of privacy and personal dignity are minimally interfered with.” Canadian police are not currently allowed to attain body fluids from a Suspect for DNA forensic testing. — , When a law is in place, DNA samples from uncooperative suspects would “likely be obtained through search warrants. Local police are looking forward to using highly accurate. DNA comparisons in crime investigations. “Any form of legislation that would allow us to collect: DNA evidence is welcome,” said Catherine ‘Galliford. In.West Vancouver, West Vancouver Police . Cpl. Andy Mendel of the forensic identification . section says DNA evidence can 80 either way for a suspect. “It would: be ‘great from our investigative _ point of view; being able to get a warrant would simplify things,” said Mendel. ’. DNA’ (Deoxyribonucleic Acid) has been described as being the basic building block of “fife. Each of the millions and millions of cells’ in‘a person’s body contains DNA unique to that person (except identical twins, who have iden- : tical DNA). : _ Criminal investigators test DNA for specific sites ona DNA molecule. Tiny amounts of bio- logical evidence gathered ata crime scene can be tésted for DNA patterns and linked with an almost certainty to a suspect. : ’ A Suspect may also be cleared of a crime | . through DNA tests. IN NOVEMBER 1993, investigation through comparisons: of DNA SERIOUS CRIMES SURVEY the RCMP’s E Division headquarters surveyed 69 serious crimes investigations throughout the province in which DNA evidence had been gathered at the scene of the crime. According to the survey: BM there were 45 unsolved murders, three attempted murders, 20 sexunl assaults and one aggravated assault; ” @ in 23 of the cases, key suspects refused to provide biological sumples; Min 20 of the. cases, ao other Known evidence existed except for i “ DNA biological materials; @ suspects in 16 of the cases remained criminally active, com. ~mitting similar offences. ‘Two of ‘the Suspects were alleged rapists, claimed polices six x Suspects were eliminated through DNA analysis. Some police officers privately say they woukl like DNA samples collected through changes to the Identification of Criminals Act rather than through search warrants. The legality of search warrants is often chal- lenged in court by defence lawyers, The tdentification of Criminals Act allows the police to photograph and fingerprint at.cst-" ed suspects, A DNA sample, such as a mouth swab or a finger prick for a blood drop, could easily be obtained at the same time, claim some police, especially in cases involving alleged violent - crimes. Sgt. Peter Montague’ of the Vancouver- based RCMP E Division headquarters said if a search warrant for getting a DNA sample from a suspect is ruled illegal by a judge there would be no “second kick at the cat.” But he said society cannot reap the benefits of DNA technology now because the courts consider DNA sampling of a suspect to be a breach of privacy under the Charter of Rights and Freedoms. Said Montague. “We definitely want the “federal government to amend the’ criminat code.” : He said the RCMP wants the Identification " of Criminals Act changed so that DNA findings related to.viulent criminals can be kept in data banks in the same way as fingerprints. © Meanwhile, Galliford said she is aware of at least wo local criminal investigations involv-. ing violence that would likely be concluded with DNA sampling from suspects. . : “It (DNA evidence) is not going to be fool- proof if you are talking about someone who is’ said : actually. manipulating evidence,” Galliford. But she said the police would be able to tie ? | up loose-ends and where to proceed during an ‘Not enough consultation with business, MILA says From page 4 sized business. : ‘ “They-are hurting the only varea of the economy that. is “generating new jobs," Mitchell said. Mitchell called new. regu- “Jations one more obstacle for small business on-top of Workers’: Compensation: Board regulations, business ‘taxes and the corporate capi- tal tax. > He agrees B.C. needs high empleyment standards, . but said the NDP -should have conducted one last round of consultations with, small. business’ to” implement. the regulations more smoothly. ,. West Vancouver Chamber of Commerce president Jim: Hogan echoed - Mitchell’ s 7 comments. oy Hogan,’ a” lawyer, said ‘business. did, not opportunity to discuss the bill small businesses form’ the backbone ofthe province, “and they will take the brunt of new regulations. * Why is the government making life more difficult for - small businesses, Hogan asked. | Schreck called «the stan- dards contained: in the new act minimal. “IC assures everybody by statute what most of us take for granted,” he said. Most employers do not have to worry about the new standards because they meet. the minimum standards any- way, Schreck said. He added the new act is important asa symbol to assure’ working conditions in. 8.C. remain. high. Reacting to critivisms that have “an with ‘government, said the dct stems from rec- ommendations . made. by Mark Thompson | more than a year ago. The five days a year of unpaid feave to care for sick family - members simply. means if a parent leaves work to cure for’ a sick child. he or she can’t be fired. “Most reasonable employ- ers would take ‘that position anyway,” Schreck said. McLaughlin said that part of the act will not have a tremendous Grouse, but. it inefficiencies. Qualified staff will have to be replaced so the. mountain / may notoperate as smootaly. He “called the leave an entitle- “ment that employees w “given human natur Schreck mueh-talked-ahout impact on. “will lead to . evidence ata crime scene with DNA samples of a “good solid suspect” The Bo. Civil Liberties Assochition (BCCLA). supports DNA sampling by search war- rant in cases of serious crimes. “Hots in everyone's interest (except the perpetrator’s) | that those guilty of crimes, especially violent crimes — and sexual nalts, are prosecuted ind the innecent are not wrongly charged or convicted,” states a recent BCCLA report on DNA matching for criminal investiga- tions. The- report pointed out that the Canadian Charter of Rights and Freedoms protects people against unreasonable search and seizure, which has been interpreted by judges of the Supreme Court of Canada as providing consti- tutional protection of privacy. Noreen Provost. coordinator for the North Vancouver branch of the Citizens United for Sufety and Justice, agrees that the Charter has become “a real problem” in the way judges are interpreting the loosely written document. She said elected representatives should be making the laws, not appointed judges. “The Charter is advantageous to lawyers and criminals at the expense of society,” she said. ' ; She called the Charter, the “Lawyers’ Employment Assurance Fund.” Provost said there is no question that DNA testing will clear or convict people of crimes. She agreed that it would be advantageous for the police to obtain DNA samples of sus- pects when they are being fingerprinted and photographed. But. said Provost, “f think we'd be lucky if we got it (non-voluntary DNA sampling) under DNA IS a complex molecule arranged in two long chains which twist around to form a double helix. In every cell of .a person’s body, there is DNA unique . to that person. court order.” Provost has worked with the family of mur- dered people and other victims of crime for 14 years. “It’s torture for them;-the time Span is so long when a case can’t be solved,” said Provost. :. She said the “unbelievable” cost alone of putting cases through plugged courts could be lowered through the use of DNA evidence. i NEWS photo Terry | Peters THE NORTH Vancouver City Fire Départment battled a house fire at 256 East 9th St..on Friday morning. Firefighters examine the back of the house,’ where . most of the damage trom the fire occurred, i : er ae