The National DNA Data Bank of Canada - Annual Report 2019-2020

Table of Contents

• Message from the Commissioner, Royal Canadian Mounted Police
• Quick facts
• The National DNA Data Bank
  • Offender and forensic hits
  • Convicted offender submissions
  • Processing of biological samples
    • Convicted offender samples
    • Crime scene and victim samples
    • Voluntary donor samples
    • Missing persons, relatives of missing persons or human remains
    • Overview of NMPDP submission process
  • Comparing DNA Profiles
  • International participation
  • Privacy of information
  • The value of secondary designated offence submissions
  • Process for reporting a DNA match / process for confirming a DNA match
• Success stories
• The National DNA Data Bank Advisory Committee
• Key statistics
• Financial statement

Message from the Commissioner, Royal Canadian Mounted Police

I am pleased to present the 2019-2020 National DNA Data Bank (NDDB) annual report.

This year, the NDDB continued its important work of processing DNA samples to help identify suspects and victims, link crime scenes, and solve active cases. It was also instrumental in helping families obtain answers and find some closure in the wake of tragedies.

Following the devastating crashes of Air Ethiopia Flight 302 in March 2019 and the Ukraine International Airlines Flight PS752 in January 2020, the NDDB helped identify the remains of the Canadian passengers. In a coordinated effort led by INTERPOL, the RCMP, including members of the NDDB team, worked with other international experts to identify the passengers by processing their personal belongings and biological reference samples from their families. Through a collaborative international effort, the victims of these terrible tragedies were identified, allowing the families to receive closure and cope with the loss of their loved ones.

The NDDB has been working diligently in partnership with the National Centre for Missing Persons and Unidentified Remains to assess, accept and process submissions for the new humanitarian indices (Missing Persons Index, Relatives of Missing Persons Index and Human Remains Index) introduced in 2018. Thanks to these efforts, the program has already received its first associations, identifying the remains of six individuals. As a result, police were able to notify the families that their loved ones were identified.

The Victim's Index also continues to help law enforcement identify victims in criminal investigations and bring offenders to justice.

This year, important legislative amendments affected the NDDB. Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts received Royal Assent in the spring of 2019, changing the category of 70 offences to listed secondary offences. In addition, the coming into force in late 2018 of the Cannabis Act and the amendments to the Criminal Code regarding transportation offences, including impaired driving, have added new offences to the list of designated offences that qualify for DNA sample processing. These legislative changes allow the NDDB to keep fulfilling its mandate of supporting police investigations and solving crimes.

As the NDDB enters its 20^th year of operation in June 2020, we will continue to modernize operations, forge new partnerships, and enhance the services we provide to remain responsive to an evolving crime environment. Our dedicated professionals at the NDDB are well-equipped to handle the ever-changing needs and requirements for DNA profile processing and matching. Their efforts will continue to help keep Canadians safe, and provide victims and their families with the closure they deserve.

Brenda Lucki
Commissioner

Quick facts

The National DNA Data Bank

The NDDB is a centralized collection of hundreds of thousands of DNA profiles that helps investigators across the country solve a range of crimes. The main goals are simple:

• link crime scenes across jurisdictional lines
• help identify or eliminate suspects
• determine whether a serial offender has been involved in certain crimes
• assist investigators, coroners and medical examiners to find missing persons and identify human remains

The NDDB was created by an act of Parliament on June 30, 2000. At that time, DNA analysis was a relatively new procedure. Since then, it has become a key component of most investigations, saving time and money by helping to focus investigations.

On behalf of the Government of Canada, the RCMP is the steward of the NDDB, which operates for the benefit of Canada's entire law enforcement community.

The NDDB maintains the following indices:

• Convicted Offenders Index (COI)
• Crime Scene Index (CSI)
• Victims Index (VI)
• Voluntary Donors Index (VDI)
• Missing Persons Index (MPI)
• Relatives of Missing Persons Index (RMI)
• Human Remains Index (HRI)

The COI, CSI, VI and VDI provide assistance to criminal investigations as follows:

• Comparing DNA profiles found at crime scenes against the DNA profiles of convicted offenders (CSI to COI). When a match is made, it can help identify a suspect. An "offender hit" is the term used to describe this type of DNA match. If no match is made, that information can also help eliminate suspects.
• Comparing DNA profiles found at different crime scenes (CSI to CSI). When a match is made between DNA profiles found at separate crime scenes, it can help link crimes for which no suspects have been identified. This determines whether a serial offender is involved in a number of cases. A "forensic hit" is the term used to describe this type of DNA match.
• Comparing DNA profiles contained in the VI and the VDI. This helps to identify unknown victims, link crime scenes together through victim and voluntary donor DNA profiles, or eliminate the voluntary donors from the focus of an investigation. The VDI can also be used for elimination purposes in humanitarian investigations.

As part of the National Missing Persons DNA Program, the NDDB maintains the MPI, RMI and HRI to support humanitarian investigations at the national level. These indices allow DNA profiles developed from biological samples and other items collected and submitted by police, coroners and medical examiners to be compared to other DNA profiles in the NDDB. The DNA profiles in the RMI are only compared to those in the MPI and the HRI.

Offender and forensic hits

When the NDDB first began operating in 2000, it contained relatively few DNA profiles. As more DNA profiles are added to the NDDB over the years, a greater number of matches are made in less time.

Offender and forensic hits

Convicted offender submissions

Every year, the NDDB processes approximately 40,000 convicted offender submissions consisting of:

• biological samples (used to generate DNA profiles that are entered into the Convicted Offenders Index (COI)
• endorsement submissions (fingerprints and documentation for convicted offenders whose DNA profiles are already in the COI

Before executing a new DNA order or authorization, police officers must query the Canadian Police Information Centre (CPIC) to determine whether a convicted offender's DNA profile is already in the NDDB. Endorsements therefore consist only of fingerprints and documentation. The endorsement process ensures that a convicted offender's DNA profile remains in the NDDB if the endorsement is received prior to:

• the conviction for which the original DNA order was made being quashed on appeal
• the original DNA order/authorization being quashed on appeal
• the retention period expiring because the person was either:
  • convicted as a young person
  • previously discharged under Section 730 of the Criminal Code of a designated offence. (Note: this condition was removed as of March 6, 2018 when amendments to the DNA Identification Act came into force)

When the NDDB receives either a biological sample or an endorsement submission, the documentation is reviewed to ensure two things: first, that the DNA order was issued for a criminal offence for which DNA can legally be collected and second, that the offender's personal information required for the submission is complete and accurate.

All convicted offender submissions are recorded in the NDDB's internal tracking system without any of the offender's personal information. Documentation for both convicted offender biological sample and endorsement submissions is sent to the RCMP's Canadian Criminal Real Time Identification Services so it can be certified; associated with an individual by fingerprint comparison; and recorded in the individual's criminal record.

Processing of biological samples

Convicted offender samples

When someone is found guilty of committing a designated offence for which a biological sample can be obtained, the judge can issue a DNA order. A trained peace officer will then collect a biological sample from that person by taking a blood, buccal or hair sample. The NDDB is responsible for processing all convicted offender biological samples and entering the DNA profiles derived from these samples into the Convicted Offenders Index (COI).

Kits designed specifically for the NDDB are used for collecting biological samples from offenders. There are three types of kits available:

• Blood: The sample is obtained by using a sterile lancet to prick the fingertip
• Buccal: The inside of the mouth is rubbed with a foam applicator to obtain skin cells
• Hair: Six to eight hairs are pulled out with the root sheath attached

Although all three types of biological samples have been legally approved for collection, more than 98% of samples taken from convicted offenders are blood samples. The NDDB encourages the collection of blood samples because blood has proven to be more reliable than hair or buccal samples in generating high-quality DNA profiles.

Crime scene and victim samples

Crime scene DNA evidence is collected by police investigators and examined by forensic laboratories across Canada to generate DNA profiles. Only a DNA profile derived from a designated offence can be added to the NDDB's Crime Scene Index (CSI) or the Victims Index (VI). The NDDB is also responsible for removing victims' DNA profiles in accordance with the DNA Identification Act. The following public forensic laboratories are authorized to add DNA profiles to the CSI and VI:

• The RCMP National Forensic Laboratory Services in Ottawa, Edmonton and Surrey
• The Centre of Forensic Sciences in Toronto and Sault Ste. Marie, Ontario
• The Laboratoire de sciences judiciaires et de médecine légale in Montréal, Quebec

Voluntary donor samples

Samples collected from voluntary donors during the course of a criminal investigation of a designated offence are processed by a public forensic laboratory. If the resulting profile provides a potential benefit to the investigation, it is added to the NDDB's Voluntary Donors Index (VDI). Voluntary donor samples collected as part of a humanitarian investigation are provided to the NDDB for processing and added to the VDI. The NDDB is responsible for removing voluntary donors' DNA profiles in accordance with the DNA Identification Act.

Missing persons, relatives of missing persons or human remains

Processing of samples from missing persons, relatives of missing persons and found human remains falls within the National Missing Persons DNA Program (NMPDP). This program is a partnership between the National Centre for Missing Persons and Unidentified Remains (NCMPUR) and the NDDB. The role of NCMPUR is to act as a single point of contact for investigators. As such, NCMPUR authorizes the submissions to the NDDB for missing persons and human remains investigations.

Under the DNA Identification Act, the NDDB is responsible for maintaining the humanitarian indices and also for:

• receiving biological samples from submitting agencies and developing DNA profiles
• receiving DNA profiles from approved laboratories for technical review
• interpreting and comparing DNA profiles from human remains, relatives of missing persons and personal belongings from missing persons
• adding and removing DNA profiles in the Human Remains Index, Relatives of Missing Persons Index and Missing Persons Index in accordance with the legislation;
• issuing and explaining kinship and identity association reports
• providing scientific advice and support to NCMPUR and investigators, as required

Overview of NMPDP submission process

Comparing DNA Profiles

The DNA profiles in the NDDB are compared using the Combined DNA Index System (CODIS), which is a secure network and software program developed by the FBI and the US Department of Justice, and provided to the RCMP for use by the NDDB. CODIS has become an internationally accepted tool for many forensic laboratories, allowing DNA profile information to be compared using a standard, secure format. In Canada, the NDDB uses CODIS for daily comparisons of DNA profiles. Each new DNA profile entered into one of the NDDB's DNA indices is automatically compared against all existing profiles contained in other DNA indices as permitted by the DNA Identification Act.

International participation

The NDDB shares DNA information with international investigating authorities through an international DNA Information Sharing Agreement with INTERPOL. This agreement is approved by the Government of Canada and is limited to investigations and prosecutions of designated offences or investigations involving missing persons and unidentified human remains.

Since the first international agreement was signed in 2002, the NDDB has received 1830 incoming international requests related to criminal investigations to search the Convicted Offenders Index, the Crime Scene Index, the Missing Persons Index and the Human Remains Index. These searches produced 6 offender hits and 10 forensic hits. Furthermore, the NDDB has sent 329 requests related to criminal investigations to other INTERPOL countries for comparison of DNA profiles developed from crime scene samples, resulting in 8 offender hits and 2 forensic hits.

In 2018, the agreement was updated to allow international comparisons of DNA profiles from missing persons and unidentified human remains. Since then, the NDDB has received 51 incoming international requests to search missing persons and human remains profiles against the Convicted Offenders Index, the Crime Scene Index, the Missing Persons Index and the Human Remains Index. The NDDB has sent 13 requests to other INTERPOL countries for comparison of DNA profiles developed from missing persons and human remains. To date, none of these searches have resulted in an association.

Privacy of information

The DNA Identification Act specifies that DNA profiles in the NDDB's indices can only be used for law enforcement purposes or humanitarian purposes, through the National Missing Persons DNA Program. The Act also clearly states that the DNA profiles in the Relatives of Missing Persons Index can only be compared to DNA profiles in the Missing Persons Index and Human Remains Index.

As an additional safeguard, when a convicted offender's DNA sample arrives at the NDDB, the donor's identity is separated from his or her genetic information, and the sample is identified by a numeric bar code. These bar codes are the only link connecting personal information, the biological sample and the DNA profile. The donor's personal information is kept in a separate registry maintained by the RCMP's Canadian Criminal Real Time Identification Services (CCRTIS), which NDDB staff cannot access. This process ensures that NDDB staff never know which convicted offender's DNA profile they are processing. Likewise, CCRTIS staff do not have access to the genetic information of an offender. With the exception of biological sex, DNA profiles held within the indices of the NDDB do not reveal any medical or physical information about the donor.

The Act further protects Canadians' privacy rights by requiring informed consent for submissions to the Relatives of Missing Persons Index, the Victims Index and the Voluntary Donors Index. This consent can be withdrawn at any time by the contributor. In addition, at least once every five years, the investigating agency will be contacted about the case to ensure that the person from whom the DNA profile was obtained has not withdrawn their consent. Investigators are also asked whether they believe the DNA profile will continue to assist in the investigation for which it was obtained. If removal is requested or if the investigating agency fails to respond then the DNA profile will be removed from the appropriate DNA index and the biological sample will be destroyed.

Lastly, the NDDB will only share DNA information with other investigative authorities as permitted by legislation.

The value of secondary designated offence submissions

DNA samples for the Convicted Offenders Index can only be collected from individuals found guilty of committing crimes legislated and categorized by the Criminal Code as primary or secondary designated offences. When the NDDB first started its operations in 2000, the number of secondary designated offences was limited. In 2008, the Criminal Code was changed and the list of secondary designated offences was expanded to include a wider range of less serious crimes (e.g., failure to appear and drug offences). While usually less violent, these offences can help solve more serious criminal offences.

To illustrate the value of these offences, offender hit data was selected from the NDDB for a few common secondary designated offences. The figure below provides the number of offender hits to ongoing investigations (including murders and sexual assaults) that were the outcome of DNA orders being issued for offenders convicted of secondary designated offences.

The value of secondary designated offence submissions

Process for reporting a DNA match / process for confirming a DNA match

Process for reporting a DNA match

Criminal investigations

Process for confirming a DNA match

Criminal investigations

Success stories

The NDDB provides vital information to police investigations. Samples processed from crime scenes can either link or exclude a suspect. DNA evidence from different crime scenes is compared to assess whether the same suspect is linked to multiple offences and whether the crimes took place at the local level, domestically, or internationally.

The following are true stories that highlight just some cases where DNA has been instrumental in shaping the course of the investigation.

The National DNA Data Bank Advisory Committee

Established in 2000 under the mandate of the DNA Identification Act, the NDDB Advisory Committee provides the NDDB with strategic guidance and direction on scientific advancements, matters of law, legislative changes, privacy issues and ethical practices. In addition, the Advisory Committee reports to the RCMP's Commissioner on matters related to the NDDB operations and advises the Commissioner on a range of issues related to DNA ethics, scientific advancements and legislative changes. The members of the Advisory Committee are appointed by the Minister of Public Safety and Emergency Preparedness and collectively represent a diverse spectrum of expertise. The current members of the Advisory Committee are:

Brendan Heffernan (Chairperson)
Dr. Frederick R. Bieber, Ph. D.
Dr. Ron Fourney, Ph. D., O.O.M.
Derrill Prevett, Q.C.
Sue O'sullivan, B.a., O.O.M.
Dr. Michael Szego, Ph. D., Mhsc.
Dr. Ben Koop, Ph. D.
Lacey Batalov
Kasia Krzymien (April 2018 to July 2019)

For their complete biographies and more information about the Advisory Committee's role, please visit the NDDB Advisory Committee website.

Key statistics

Biological samples: June 30, 2000 through March 31, 2020

Endorsements: January 1, 2008 through March 31, 2020

Retroactive authorizations

This is a biological sample taken from an offender who was found guilty of certain designated Criminal Code offences before June 30, 2000. The authorization is granted as per qualifying criteria set out in s.487.055 of the Criminal Code. Under this provision, the NDDB has received 5,035 submissions.

Rejection of NDDB submissions

The NDDB has rejected only 6,743 (1.5 %) of the biological samples and 2,623 (1.5 %) of the endorsements it has received to date. Reasons for rejection include: the offender was convicted of a non-designated offence, the biological sample was inadequate, the collection kit used was inappropriate (sample), the offender's DNA profile was not contained in the COI (endorsement), or the DNA order was missing or invalid.

Collection of additional bodily substances

If a biological sample is rejected because the quality of the sample is deemed inadequate for DNA analysis, or if it was not submitted in accordance with the DNA Identification Regulations, an application for resampling can be authorized by a judge. Since June 30, 2000, the NDDB has received 1,728 samples taken under this provision.

Financial statement^{Footnote 1}

Date modified:

2020-10-05