TORONTO, Sept. 18, 2018 /CNW/ - Koskie Minsky LLP has commenced a $32 million class action against the Government of Ontario for unlawfully retaining DNA test results of innocent citizens. The DNA test results are alleged to have been created by the Ontario Centre of Forensic Sciences and were obtained from potential suspects who were exonerated by the DNA samples. The claim alleges that despite being exonerated, the test results and DNA profiles of the class members were retained, contrary to the alleged obligation to destroy the results.
The claim alleges that the Government of Ontario operated and managed the Ontario Centre of Forensic Sciences which analyzes hundreds of bodily samples a year, extracting DNA, and creating DNA Profiles of suspects which are compared to DNA Profiles obtained from criminal investigations. The results of the comparative analysis are reported to law enforcement agencies for use in the investigation and prosecution of criminal offences. The claim alleges that the Government of Ontario retained DNA Profiles of suspects who were found innocent, in violation of the Charter, Criminal Code as well as Canadian privacy law.
The claim is brought on behalf of all persons who voluntarily provided a bodily substance sample which was subject to forensic DNA analysis by the Ontario Centre of Forensic Sciences and for whom the forensic analysis created results which established that the voluntarily given sample did not match any bodily substances within the meaning of s. 487.05(1)(b) of the Criminal Code for the time period of June 30, 2000 to present.
"DNA is akin to finger prints or photographs and is a representation of our core biographical features." says Jody Brown counsel at Koskie Minsky LLP, "The provincial government is not entitled to retain DNA test results of innocent citizens, whose only participation in an investigation is agreeing to assist law enforcement."
A Statement of Claim was issued in this case on September 14, 2018.
For further information or if you are class member:
Email: [email protected]
SOURCE Koskie Minsky LLP
For further information: For all media inquiries, please contact Jody Brown at 416.595.2709.