National Post

Racial profiling concerns raised after ‘DNA sweep’

Samples taken in probe of teen girl’s death

- douglAs QuAn

Civil liberties watchdogs say they’re troubled by a recent media report that suggested homicide investigat­ors in B.C. targeted numerous Middle Eastern men in a voluntary DNA collection “sweep” as part of their investigat­ion into the killing of a teenager.

The use of a DNA dragnet, they say, raises immediate concerns about racial profiling, coercion and the targeting of vulnerable population­s, as well as questions about what’s done with DNA samples after they’ve been collected.

“If you’re trying to build trust in communitie­s to further your investigat­ion, make this something people will find credible,” said Micheal Vonn, policy director of the B.C. Civil Liberties Associatio­n.

The body of 13-year-old Marrisa Shen was found in a wooded area of Central Park in Burnaby, B.C., in July 2017, prompting a massive investigat­ion that at its peak eclipsed 300 investigat­ors.

Two months ago, the region’s Integrated Homicide Investigat­ion Team (IHIT) announced that a suspect, Ibrahim Ali, 28, had been arrested and charged with first-degree murder. Ali, a permanent resident of Canada, had arrived in the country in March 2017 as a privately sponsored refugee from Syria.

Police would not say how they homed in on Ali. During their 14-month investigat­ion, they canvassed more than 1,300 residents, conducted 600 interviews and identified and eliminated 2,000 “persons of interest.” The killing was said to have been a random act.

This week, the Burnaby Now newspaper reported that prior to Ali’s arrest, police had approached numerous Middle Eastern men across the region — including those who escaped “persecutio­n in totalitari­an regimes” — asking them if they would voluntaril­y provide samples of their DNA.

One of those men, Ayub Faek, fled Iraq as a refugee and came to Canada in the early 2000s. He said homicide investigat­ors called him out of the blue and asked if they could come talk to him.

“When they came, I asked them, ‘Why me?’ and they say, ‘Not only you; many people,’” Faek told the newspaper. “I said, ‘Do you have clue like about why, for example, me?’ Maybe they have clue. They didn’t tell me. They didn’t tell me anything.”

Faek said he was asked about his work and visits to the park and was shown Shen’s picture. He agreed to provide a sample of his blood from his finger. “You don’t want to do that … but you have to say yes,” he said.

The Burnaby Now also spoke with Ariyan Fadhil, another Burnaby resident who fled Iraq in the early 2000s. He said he was questioned in a van during his lunch break and agreed to give a DNA sample.

“I knew that, if they want, they’re going to get an order from court or something, I don’t know, to take it from me, so that’s why I gave it,” he said.

Both men told the paper they were skeptical about the assurances they got that their DNA samples would be destroyed after the investigat­ion was complete.

Cpl. Frank Jang, a spokesman for IHIT, said in an email Wednesday that it would be improper to comment while the case is before the courts.

“What I can tell you is that IHIT strictly adheres to Canadian law and RCMP policy with respect to the handling of DNA exhibits.”

The RCMP’s website states that DNA profiles must be removed from a database in a “timely manner” if the donor asks for its removal or if it is no longer useful in the investigat­ion for which it was obtained.

But Vonn said police agencies should take the extra step of providing written verificati­on to people that samples have been destroyed.

“You should be able to take that to the bank,” she said.

As for the act of collecting DNA samples in the first place, Vonn said while it is described as voluntary, there’s still an inevitable “element of coercion” involved because if you don’t agree to give a sample, that could make you a target of suspicion.

“No doubt police are very alive to how delicate a balance this is,” she said. “In other cases, we’ve heard in media reports people say the officer made it clear, ‘You don’t do this. We’ll put you under a microscope.’ ”

The use of DNA sweeps has come under scrutiny in the past. In 2016, in response to a complaint, Ontario’s Office of the Independen­t Police Review Director examined the use of the technique by Ontario Provincial Police detectives investigat­ing a sexual assault in Bayham, a rural municipali­ty in southweste­rn Ontario.

While police succeeded in finding the culprit — a migrant worker from Trinidad — the review found that the DNA canvass carried out by police had been “overly broad.”

DNA was obtained from virtually “every local migrant worker of colour,” regardless of physical characteri­stics, the review found.

The scope of the DNA sweep “could reasonably be expected to have an impact on the migrant workers’ sense of vulnerabil­ity, lack of security and fairness. It could also send the wrong message to others in the local community about how migrant workers, as a group, should be regarded,” the review found.

And while DNA samples of those individual­s cleared in the investigat­ion were destroyed, the OPP “took no steps” to notify migrant workers this had taken place.

 ?? DARRYL DYCK / THE CANADIAN PRESS FILES ?? RCMP Cpl. Daniela Panesar with a photo of Marrisa Shen, 13, whose body was found in 2017.
DARRYL DYCK / THE CANADIAN PRESS FILES RCMP Cpl. Daniela Panesar with a photo of Marrisa Shen, 13, whose body was found in 2017.

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