Hundreds of DNA samples collected in search for Byron Carr's killer

In an effort to find out who killed Byron Carr in 1988, police obtained the DNA of close to 300 people. Some of them had their DNA taken without their consent. The details came out during a charter challenge, which CBC News has not been able to share the details of, up until now, because of a publication ban. Nearly three years ago, police charged Todd Joseph Irving with first-degree murder and interfering with human remains. Last month, those charges were dropped. After it came to light, police lost key evidence, including the alleged murder weapons. Court documents reveal police had taken the drywall from Carr's house that had the message, I will kill again, written on it. But they lost that too. But before those charges were dropped, defense lawyer Chris Montney wanted DNA collected from Irving's trash thrown out. At a hearing last year, he painted a picture of investigators so intent on figuring out whose DNA was left at the crime scene that they took DNA from at least 279 people, not including Irving, 13 without their knowledge or consent. I reached out to a number of people named in court. None would talk on camera, but many said they were shocked to learn their DNA was taken. Some angry, saying it was an invasion of privacy. Montney said police knew they didn't have the grounds to get a warrant for Irving's DNA, or for most of the other samples collected. He detailed case after case, where police took DNA from pizza boxes, napkins, pop cans, and cigarette butts that had been thrown away. Some of those were people who refused to give their DNA, but police took it anyway. Montney said in court, choice is illusionary, calling it a no-win situation. Montney argued it was a fishing expedition, and individual rights were just an impediment. He called this a serious abuse by police, adding, To protect your DNA, the only way to do that is to not leave your house. But the Crown argued collecting garbage is perfectly lawful and an accepted police practice endorsed by the Supreme Court of Canada. A huge amount of work went into this file. At the hearing, Crown Attorney Chris White argued it was critical to determine whose DNA was left at the crime scene, adding police acted in good faith. CBC News reached out to Charlottetown Police for comment, but they didn't get back to us. Ultimately, Chief Justice Tracy Clements dismissed the challenge, meaning the DNA evidence would have been heard by a jury if the charges had not been withdrawn. Clements said Irving forfeited any expectation of privacy when he threw out his trash. She did not make a decision on other people's DNA, saying that was beyond the scope of the Charter Challenge. Wayne Thibodeau, CBC News, Charlottetown.