Bill S-236 explained in plain English
An Act to amend the Criminal Code, the Criminal Records Act, the National Defence Act and the DNA Identification Act
Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Parliament of Canada snapshot for 43rd Parliament, 2nd Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill S-236 amends several federal laws to expand the DNA databank for law enforcement by broadening the scope of offences for which DNA samples can be taken, introducing familial searching, and clarifying data handling procedures.
This bill, titled the 'Increasing the Identification of Criminals Through the Use of DNA Act', aims to enhance Canada's national DNA data bank. It proposes changes to the Criminal Code, the Criminal Records Act, the National Defence Act, and the DNA Identification Act. The primary goal is to increase the number of DNA profiles in the convicted offenders index, making it more effective for law enforcement to identify individuals involved in serious crimes. This includes expanding the types of offences for which DNA samples can be collected, allowing for familial searching in certain circumstances, and clarifying procedures for DNA collection and data management. The bill also outlines when DNA information can be disclosed to police and when it should be made inaccessible or destroyed. A review of the Act's provisions is also mandated.
- Amends the Criminal Code to expand the definition of 'primary designated offence' and 'secondary designated offence' for the purposes of DNA sample collection.
- Modifies court procedures for ordering the collection of DNA samples from individuals convicted of, discharged for, or found not criminally responsible for designated offences.
- Introduces a provision for familial searching of the DNA databank to identify biological relatives of suspects in certain serious criminal investigations.
- Amends the Criminal Records Act to allow disclosure of a person's identity to police if a DNA match is found, even if their record is suspended or they received a discharge.
- Amends the National Defence Act to align its provisions for DNA sample collection with those in the Criminal Code for military personnel.
- Amends the DNA Identification Act to allow for familial searching, modify procedures for destroying or making DNA information inaccessible, and define the role of the Commissioner of the RCMP in these processes.
- Repeals certain forms and provisions related to DNA sample collection and reporting within the Criminal Code.
- Mandates a report to Parliament on the advisability of taking DNA samples on the same basis as fingerprints.
- Sets a commencement date for the Act 60 days after receiving royal assent.
- Individuals convicted of, discharged for, or found not criminally responsible for certain criminal offences (designated offences).
- Law enforcement agencies and police forces.
- The Commissioner of the Royal Canadian Mounted Police (RCMP).
- The courts (judges and justices of the peace).
- The Attorney General and the Director of Military Prosecutions.
- Individuals whose DNA profiles are in the national DNA data bank.
- Parliament, through a requirement for a report and review.
- Young persons convicted of, discharged for, or found not criminally responsible for designated offences.
- Individuals convicted of, discharged for, or found not criminally responsible for designated offences may be subject to court orders for the collection of DNA samples.
- Courts have the obligation to make DNA sample collection orders under specific conditions, with provisions for exceptions in cases of secondary designated offences.
- Law enforcement agencies may use information obtained through DNA analysis for the investigation or prosecution of designated offences if they have reasonable grounds to suspect it will assist.
- The Commissioner of the RCMP has the authority to conduct familial searches of the DNA databank under specific conditions.
- Individuals can request that their DNA information in the convicted offenders index be made inaccessible and their bodily substances be destroyed under certain conditions.
- The Act comes into force 60 days after receiving royal assent.
- A review of the Act's provisions and operation must be undertaken within five years of the Act coming into force.
- A report on the advisability of taking DNA samples on the same basis as fingerprints must be laid before Parliament no later than 15 sitting days after the second anniversary of the Act receiving royal assent.
- Failure to comply with a court order or summons related to DNA sample collection can result in a criminal offence with a penalty of imprisonment for less than two years.
- The bill does not specify the exact criteria or process for determining when 'other investigative procedures have been tried and have failed or are unlikely to succeed' for familial searching, beyond stating it is a precondition.
- The bill does not detail the specific 'prescribed form' for DNA sample orders made by a court martial.
- While the bill expands definitions of designated offences, the specific list of offences can be complex and may require interpretation.
- The conditions under which a court may decide not to make an order for a secondary designated offence (i.e., impact on privacy being 'grossly disproportionate') involve judicial discretion.
Changes the definitions of 'primary designated offence' and 'secondary designated offence' to include more types of crimes, which affects which individuals are subject to DNA sample collection orders. It also modifies the procedures and conditions under which courts can order the collection of DNA samples from individuals convicted of, discharged for, or found not criminally responsible for designated offences. The bill also repeals certain forms and provisions related to DNA collection and reporting.
Source: Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16
Adds a new section allowing the disclosure of a person's identity to a police force if a DNA match is found, even if their criminal record has been suspended or they have received a discharge.
Source: Section 17
Modifies provisions related to failing to comply with DNA sample orders or summonses for individuals subject to the Code of Service Discipline, aligning them with changes made to the Criminal Code.
Source: Sections 18, 19, 20
Introduces a new mechanism for 'familial searching' of the DNA databank under specific conditions. It also changes procedures for the destruction or inaccessibility of DNA samples and information, and clarifies the role of the Commissioner of the RCMP in these processes. It also allows for regulations regarding the application of familial searching.
Source: Sections 21, 22, 23, 24, 25, 26
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
Official textParliamentary Process
Bill S-236 completed its First Reading in the Senate on June 15, 2021, and is now proceeding to Second Reading with debate and a sponsor's speech occurring on June 23, 2021.
This artifact describes the procedural steps for Bill S-236 in the Senate. It notes that the bill had its First Reading on June 15, 2021, and was completed. The bill's current status is at Second Reading in the Senate, with debate scheduled for June 23, 2021. A sponsor's speech was given on that date.
During a Senate sitting on June 15, 2021, Bill S-236 received first reading, and extensive debate occurred on Bill C-15, including the consideration of amendments.
On June 15, 2021, the Senate of Canada held a sitting that included tributes to departing pages, discussions on various topics such as institutional renaming and Indigenous History Month, and routine proceedings where committee reports were presented. A key procedural event was the first reading of Bill S-236, An Act to amend the Criminal Code, the Criminal Records Act, the National Defence Act and the DNA Identification Act. This marked the initial introduction of the bill into the Senate. The sitting also included Question Period where senators debated issues such as mandatory quarantine, Canada's commitment to fighting HIV/AIDS, and combating anti-Muslim extremism. Finally, a significant portion of the sitting was dedicated to debate at third reading of Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples, and the consideration of an amendment to it. The debate on Bill C-15 involved extensive discussion on its principles, potential impacts, and the consultation process, with senators expressing diverse viewpoints.
Bill S-236 was being debated at the second reading stage in the Senate on June 23, 2021, with a sponsor's speech delivered.
This record indicates that Bill S-236 was at the second reading stage in the Senate on June 23, 2021. The stage was not yet completed. The "Latest activity" shows that debate occurred on this date, with a "Sponsor's speech" by Senator Claude Carignan.
The Senate debated Bill S-236 at second reading, concerning the expansion of DNA sample collection for criminals, with the debate subsequently adjourned.
During a Senate sitting on June 23, 2021, senators discussed several important topics. The Senate approved motions to extend the sitting and to consider Bill C-10 later that day. Senator Claude Carignan moved second reading of Bill S-236, which aims to increase the identification of criminals through DNA use by amending the Criminal Code and other related acts. He explained the bill's proposed measures, including expanding DNA sample collection for convicted offenders and introducing familial DNA searching. The debate on Bill S-236 was adjourned.
During the Senate's second reading debate on Bill S-236, the sponsor explained the bill's aim to enhance criminal identification through DNA analysis and proposed amendments to expand DNA sample collection and analysis capabilities, after which the debate was adjourned.
This artifact contains the record of the Senate's second reading debate on Bill S-236, the "Increasing the Identification of Criminals Through the Use of DNA Act". The sponsor of the bill, Senator Claude Carignan, delivered a speech outlining the bill's purpose and proposed amendments. The debate was adjourned, meaning it was not completed on this day.
Bill S-236 has not yet reached the third reading stage in the Senate, with its latest procedural activity being a debate at second reading on June 23, 2021.
This artifact describes the procedural status of Bill S-236 in the Senate. The bill has not yet reached the Senate Third Reading stage. The latest activity recorded was a debate at second reading on June 23, 2021. The bill was first read on June 15, 2021, and had its second reading on June 23, 2021.
Bill S-236 has been introduced in the House of Commons for First Reading, but this stage has not yet occurred, while the bill is currently undergoing Second Reading in the Senate.
The artifact indicates that Bill S-236 has reached the 'First reading' stage in the House of Commons. However, the 'Stage state' is marked as 'Not reached', meaning this procedural step has not yet occurred. The bill is currently at the 'Second reading' stage in the Senate, with a 'Sponsor's speech' by Claude Carignan listed for Wednesday, June 23, 2021. The artifact does not describe any debate or decisions made at the House of Commons First Reading stage.
Bill S-236 has not reached the 'House of Commons Second reading' stage, but had its second reading in the Senate on June 23, 2021.
This artifact describes the 'House of Commons Second reading' stage for Bill S-236. However, the stage state is marked as 'Not reached'. The bill is currently at second reading in the Senate. The latest activity recorded was a debate at second reading in the Senate on Wednesday, June 23, 2021. The bill had its first reading on Tuesday, June 15, 2021, and its second reading in the Senate on Wednesday, June 23, 2021, which included a sponsor's speech by Claude Carignan.
Bill S-236 has not yet reached the House of Commons committee stage, as it is currently undergoing second reading in the Senate.
This record indicates that Bill S-236 has not yet reached the 'House of Commons Consideration in committee' stage. The bill is currently at the 'second reading' stage in the Senate. The latest recorded activity was a debate at second reading in the Senate on Wednesday, June 23, 2021, which included a sponsor's speech by Senator Claude Carignan.
Bill S-236 has not yet reached the House of Commons Report stage, and its current status is second reading in the Senate.
This record indicates that Bill S-236, concerning amendments to the Criminal Code and related acts, has not yet reached the Report stage in the House of Commons. The bill's current status is at second reading in the Senate. The latest activity noted was a debate at second reading in the Senate on June 23, 2021, which included a speech by Senator Claude Carignan.
Bill S-236 has not yet reached Third Reading in the House of Commons and is currently at Second Reading in the Senate, with a related debate noted.
This artifact describes the status of Bill S-236, An Act to amend the Criminal Code, the Criminal Records Act, the National Defence Act and the DNA Identification Act, within the legislative process. It indicates that the bill has not yet reached the Third Reading stage in the House of Commons. The bill's current status is at Second Reading in the Senate, with the latest activity being a debate at Second Reading on Wednesday, June 23, 2021. A speech by Senator Claude Carignan (Conservative) is noted as a major speech at this stage.
Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.
Vote Summary
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
No published representative vote breakdown
This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.
Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
How this data is sourced