When you are accused of a crime such as i have been, this is the way your dealt with and I've supplied information from the Canadian justice web site, from the DNA Data bank Legislation -consultation paper 2002
Criminal code DNA provisions:
The provisions of the Criminal code that govern the taking of bodily substances for law enforcement purposes have been carefully designed to be respectful of constitutional requirements.
"The DNA profiles derived from bodily substances obtained from a suspect under a criminal code DNA warrant are only to be used in the investigation and prosecution of a designated offence and are not to be included in the national DNA data bank." Let's take a break for a moment so that i can clarify some issues with how they treated myself. First of all, by their own written words and words under oath. The senior investigator says that he "decided to go without a warrant because the suspect is a very large man with a back injury and to continue to leave him in cuffs would be excruciating pain and further give him a chance to tamper with evidence" However that may be possible being cuffed. The reason i never asked this to be fought it in court was because it was this very evidence (DNA) that i knew would clear me, that i was an innocent man, yet my point is that what they did was illegal. And these rules are set out to protect both you and i from this very type of thing under our constitution.
The report goes on to say "this approach is consistent with the constitutionally protected presumption of innocence and permits the use of the DNA information either to exclude the person as a suspect or as evidence against the person by establishing a link between that person and the alleged crime." Ya i guess!, sure proves they followed that as well, another break.
Listen, not only did they not view me as innocent before proven guilty but the broke the law by proceeding without a warrant and I've been told by a very good attorney that any DNA warrants take precedence over even bail hearings and can be obtained via fax in less then 15 minutes! Also the DNA report that i have says that under DNA conclusions, remarks. "1. The DNA typing profile obtained from exhibit 6 (fingernail clipping; area AA) [male 1] will be entered into the Crime Scene Index of the National DNA Data Bank of Canada. In the event of a DNA match you will be contacted. It is the responsibility of the investigating agency to request the removal of profiles when required by law."
So lets be clear,they aren't supposed to collect it without a warrant, not supposed to put it into the national data bank unless there is a conviction, all this to preserve the right to be treated as innocent before proven guilty.....um mm yeah now i get it!
Further down it goes on to say,
"-The DNA warrant scheme and the DNA data bank scheme have a number of features in common, including:
-a requirement for a peace officer to inform the subject _BEFORE samples are taken under a DNA WARRANT or a DNA data bank order-- of the contents of the warrant or order, the purpose of taking the samples and the investigative procedure that will be employed"
OKAY! break time again!
NEVER DO I REMEMBER BEING ASKED TO SUBMIT AND WHY, IN FACT I REMEMBER SEVERAL POLICE OFFICERS MAN HANDLING ME AND I SAYING THAT I WON"T RESIST< THAT THEY NEEDN'T BE SO ROUGH AS I HAVE NOTHING TO HIDE! BUT I DO REMEMBER A WHOLE LOT OF "YOU MAKE ME SICK" and "YOU FUCKING PIECE OF SHIT"
They then dribble on under Judicial discretion:
Interference with an individuals bodily integrity in order to obtain bodily substances for law enforcement purposes potentially raises several issues under the Canadian Charter of Rights and Freedoms. Most importantly, therefore, under both the DNA warrant and the DNA data bank schemes an independent judicial arbiter determines whether it is appropriate, in the circumstances , to authorised an agent of the state to take samples of bodily substances from the individual for limited law enforcement purposes. In doing so the judge balances the rights of the individual and the law enforcement interests of the state. Judicial discretion is required to ensure the constitutionality of the scheme as a whole"!
Last break everyone . The judge didn't rule on it!, even though i didn't resist, they were mean as hell. Not only did i receive an acquittal, but there was a confession! in between that time the DNA all came back clearing me in the first three months! Yet they not only continue the fiasco but i am still registered on the national data bank! I've nothing to hide but we are supposed to be protected from this sort of things under our constitution. Acquitted yes but they are still running my DNA against other crimes in Canada! And i will end with this. Do you honestly believe that they will remove my DNA as the remarks say the policing agency is supposed to if found innocent?
All i can say is the government is full of expensive bullshit words and cares nothing about our rights,our constitution, innocent until found guilty.........AND COMING SOON TO AN ATTRACTION AROUND YOU< EVERYONE WILL BE CODEX INTO THE NATIONAL DNA DATA BANK!Where as i agree generally, if you have nothing to hide, who cares right? But what people fail to realise is that our DNA holds all our personal information and someone out there even in the government thought it important, private as to be protected under the constitution. More to come.
So the law says that this cannot be done ,yet they did it and here is the proof. So exactly why,how are they able to violate the law?Clearly this person should know of the legislation governing him and yet he initialed it off. When does he get charged?
Criminal code DNA provisions:
The provisions of the Criminal code that govern the taking of bodily substances for law enforcement purposes have been carefully designed to be respectful of constitutional requirements.
"The DNA profiles derived from bodily substances obtained from a suspect under a criminal code DNA warrant are only to be used in the investigation and prosecution of a designated offence and are not to be included in the national DNA data bank." Let's take a break for a moment so that i can clarify some issues with how they treated myself. First of all, by their own written words and words under oath. The senior investigator says that he "decided to go without a warrant because the suspect is a very large man with a back injury and to continue to leave him in cuffs would be excruciating pain and further give him a chance to tamper with evidence" However that may be possible being cuffed. The reason i never asked this to be fought it in court was because it was this very evidence (DNA) that i knew would clear me, that i was an innocent man, yet my point is that what they did was illegal. And these rules are set out to protect both you and i from this very type of thing under our constitution.
The report goes on to say "this approach is consistent with the constitutionally protected presumption of innocence and permits the use of the DNA information either to exclude the person as a suspect or as evidence against the person by establishing a link between that person and the alleged crime." Ya i guess!, sure proves they followed that as well, another break.
Listen, not only did they not view me as innocent before proven guilty but the broke the law by proceeding without a warrant and I've been told by a very good attorney that any DNA warrants take precedence over even bail hearings and can be obtained via fax in less then 15 minutes! Also the DNA report that i have says that under DNA conclusions, remarks. "1. The DNA typing profile obtained from exhibit 6 (fingernail clipping; area AA) [male 1] will be entered into the Crime Scene Index of the National DNA Data Bank of Canada. In the event of a DNA match you will be contacted. It is the responsibility of the investigating agency to request the removal of profiles when required by law."
So lets be clear,they aren't supposed to collect it without a warrant, not supposed to put it into the national data bank unless there is a conviction, all this to preserve the right to be treated as innocent before proven guilty.....um mm yeah now i get it!
Further down it goes on to say,
"-The DNA warrant scheme and the DNA data bank scheme have a number of features in common, including:
-a requirement for a peace officer to inform the subject _BEFORE samples are taken under a DNA WARRANT or a DNA data bank order-- of the contents of the warrant or order, the purpose of taking the samples and the investigative procedure that will be employed"
OKAY! break time again!
NEVER DO I REMEMBER BEING ASKED TO SUBMIT AND WHY, IN FACT I REMEMBER SEVERAL POLICE OFFICERS MAN HANDLING ME AND I SAYING THAT I WON"T RESIST< THAT THEY NEEDN'T BE SO ROUGH AS I HAVE NOTHING TO HIDE! BUT I DO REMEMBER A WHOLE LOT OF "YOU MAKE ME SICK" and "YOU FUCKING PIECE OF SHIT"
They then dribble on under Judicial discretion:
Interference with an individuals bodily integrity in order to obtain bodily substances for law enforcement purposes potentially raises several issues under the Canadian Charter of Rights and Freedoms. Most importantly, therefore, under both the DNA warrant and the DNA data bank schemes an independent judicial arbiter determines whether it is appropriate, in the circumstances , to authorised an agent of the state to take samples of bodily substances from the individual for limited law enforcement purposes. In doing so the judge balances the rights of the individual and the law enforcement interests of the state. Judicial discretion is required to ensure the constitutionality of the scheme as a whole"!
Last break everyone . The judge didn't rule on it!, even though i didn't resist, they were mean as hell. Not only did i receive an acquittal, but there was a confession! in between that time the DNA all came back clearing me in the first three months! Yet they not only continue the fiasco but i am still registered on the national data bank! I've nothing to hide but we are supposed to be protected from this sort of things under our constitution. Acquitted yes but they are still running my DNA against other crimes in Canada! And i will end with this. Do you honestly believe that they will remove my DNA as the remarks say the policing agency is supposed to if found innocent?
All i can say is the government is full of expensive bullshit words and cares nothing about our rights,our constitution, innocent until found guilty.........AND COMING SOON TO AN ATTRACTION AROUND YOU< EVERYONE WILL BE CODEX INTO THE NATIONAL DNA DATA BANK!Where as i agree generally, if you have nothing to hide, who cares right? But what people fail to realise is that our DNA holds all our personal information and someone out there even in the government thought it important, private as to be protected under the constitution. More to come.
