Endorsement Procedure – Sec. CC 487.071
Subsequent court orders/authorizations can be used to retain the DNA profile in the Convicted Offenders Index (COI) of the National DNA Data Bank (NDDB). When a DNA profile already exists in the COI, the endorsement process ensures that the offender's information and DNA profile remains should:
- The original conviction or order be appealed and result in acquittal or cancellation
- The retention period expires, as in the case of a Young Offender
Executing an Endorsement
Once a DNA Order/Authorization has been issued, follow these steps:
Step 1: Verify on CPIC (Q-FPS, Q-CR, or Q-CNI) whether the offender is contained in the NDDB COI.
- If YES – Proceed with the endorsement process (flag on CPIC which states DNA ON KNOWN OFFENDER – DATA BANK)
- If NO – Collect sample using the NDDB Convicted Offender Sample Collection kit (Packaged in a clear plastic bag)
Step 2: Inform the subject of their rights – this is a requirement under Criminal Code section 487.07(1). READ TO OFFENDER:
- "You are here for the execution of a DNA Data Bank Order or Authorization made by a Judge. You will be detained until I can verify whether your DNA profile is already contained in the National DNA Data Bank or, if that cannot be verified by your identifying documents and your fingerprints, until a new DNA sample is collected from you. I am required to take your fingerprints in any event so they can be compared with fingerprints on file to ensure that you are the person named in the order."
- "It is my duty to inform you that you have the right to retain and instruct counsel without delay. You have the right to telephone any lawyer you wish. You also have the right to free advice from a legal aid lawyer."
- "It is my duty to carry out the order and, if you obstruct me in the execution of this duty, I may use force to obtain the fingerprints and the DNA sample from you and you may also be charged with obstruction under Sec. 129 of the Criminal Code amongst other possible offences."
- "Do you understand or have any questions?"
Step 3: Fingerprint the subject using form 3801 and complete the endorsement form 6014
Step 4: Complete and included the NDDB submission receipt form 5751
Step 5: Check the Endorsement submission to ensure ALL the following documents are included:
- Copy of all DNA orders/authorizations (form 5.03, 5.04, 5.06, or 5.09)
- Fingerprint form 3801
- Endorsement form 6014
- NDDB Submission receipt 5751
Step 6: Send documents by courier or registered mail ONLY to the NDDB at the address below.
National DNA Data Bank - RCMP
73 Leikin Drive
Step 7: Complete Form 5.07. Sec. 487.057 CC: a peace officer who takes a DNA sample or Endorsement shall make a report to the provincial court judge or the court that issued the Order/Authorization and shall send a copy to another peace officer from another jurisdiction requesting the offender's DNA sample or Endorsement be completed.
Please NOTE: The NDDB fingerprint form 3801 does not replace the submission of Criminal Fingerprints (C-216). Ensure the criminal prints (C-216) are taken and submitted to Canadian Criminal Real Time Identification Services (CCRTIS).
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