When police in Greater Victoria began using a system in which licence-plate numbers were automatically recorded and placed in a database, concerns were raised about the potential for abuse.
Those concerns, backed by a ruling from the province鈥檚 privacy commissioner, changed how the system was used.
Now, police agencies are seeking new powers to collect DNA from criminal suspects at the time of arrest, not just when they are convicted. The DNA would be checked against databases to see if suspects are connected to other crimes, similar to the way fingerprints are used.
The law already allows for collection of DNA samples upon conviction. But police are concerned about the time it takes some cases to come to trial. A 2011 commentary from the Canadian Association of Chiefs of Police notes that 鈥渁n accused who has committed other crimes will go undetected for years while awaiting trial for his current arrest, leaving victims without answers and allowing an accused on bail to continue to commit similar offences, undeterred.鈥�
A suspect鈥檚 DNA sample would be destroyed if that person was acquitted.
In Victoria, police saw the possibilities in amassing a database of all the licence-plate numbers collected. While investigating a crime, an officer could theoretically delve into the database to see what cars were in a particular neighbourhood at a particular time, even though most of the people whose cars were recorded would be innocent.
That aspect and the potential for data to be misused motivated changes to the system. Now, irrelevant data is deleted at the end of an officer鈥檚 shift.
Collecting DNA is more invasive than recording fingerprints. It provides a wide array of information about a person, from ancestry to propensity for particular diseases. It is intensely personal information that has no relevance to criminal activity.
The law protects the public against unreasonable search and seizure. Warrants are required for police to search a person鈥檚 home, eavesdrop on electronic communications or even check the contents of a personal computer. DNA should be no different.
The golden thread of our justice system 鈥� that innocence is presumed until guilt is proven in a proper trial 鈥� should not be allowed to lose its lustre. After a person is convicted is the time to take the DNA sample and put it in a database that police can use freely.
Police should be given all the tools available to prevent crime and catch criminals, but like power tools, they should come with proper safeguards.
