The National DNA Data Bank of Canada - Annual Report 2020-2021

Table of Contents

• Message from the Commissioner, Royal Canadian Mounted Police
• Quick facts
• Abbreviations
• 20 year anniversary
• 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 2020-2021 National DNA Data Bank (NDDB) annual report and to acknowledge the incredible work of the NDDB as it celebrates its 20th anniversary this year. This would have not been possible without 20 years of employee dedication as well as the support of numerous partners in government, law enforcement, forensic and justice communities who have continued working together to provide a safe community for all Canadians.

Since building the National DNA Data Bank from scratch 20 years ago, the NDDB has continuously improved its operations and technology to ensure efficient processes are in place to better serve and protect Canadians. It now stores over half a million DNA profiles in the criminal indices, which have produced more than 73,000 matches to date and assisted law enforcement agencies in the identification of suspects and victims, link crime scenes, and solve active and cold cases.

In addition to the success of the NDDB, the National Missing Persons DNA Program also continues to grow — it now contains over 1,200 profiles in its database. As partner agencies submit more biological samples and DNA profiles to the program, we can work together to offer much-needed closure to the families and friends of missing persons.

The feature article and success stories in this report highlight the daily accomplishments of the NDDB. This is possible with the technology improvements made throughout the years to expand the DNA profile acceptance criteria, along with legislative changes that allow for the qualification of more designated offences, leading to the increase in size of the data base. I am confident that the NDDB will continue to modernize, evolve and grow to meet the needs and expectations of all Canadians.

Congratulations on a remarkable 20 years!

Brenda Lucki
Commissioner

Quick facts

Abbreviations

NDDB

National DNA Data Bank

CCRTIS

Canadian Criminal Real Time Identification Services

CPIC

Canadian Police Information Center

CODIS

Combined DNA Index System

COI

Convicted Offenders Index

CSI

Crime Scene Index

DNA

Deoxyribonucleic acid

HRI

Human Remains Index

MPI

Missing Persons Index

NCMPUR

National Centre for Missing Persons and Unidentified Remains

NMPDP

National Missing Persons DNA Program

RMI

Relatives of Missing Persons Index

STaCS

Sample Tracking and Control System

VI

Victims Index

VDI

Voluntary Donors Index

20 year anniversary

DNA evidence was used to support criminal investigations in Canada as early as 1989, but it was not until June 30, 2000 that a national index containing the DNA profiles of criminal offenders would be created.

The origins of the National DNA Data Bank (NDDB) started in 1995 when Parliament unanimously passed former Bill C-104, an Act to amend the Criminal Code and the Young Offenders Act (forensic DNA analysis). It amended the Criminal Code to allow a judge to issue a warrant authorizing a police officer to obtain a biological sample from a suspect for the purpose of forensic DNA analysis in a criminal investigation. Five years later, on June 30, 2000, the DNA Identification Act was enacted and the NDDB program was launched.

When the NDDB first started its operations, it had the slow and steady task of collecting DNA profiles for two separate indices: one for the genetic profiles of known convicted offenders and the other for the DNA profiles processed from crime scenes across the country. The larger each of these indices grows, the more value they provide to criminal investigations. By 2006, the NDDB achieved a milestone of 100,000 convicted offender profiles, with close to 7,000 matches between crime scenes and convicted offenders.

The value and relevance of indexing DNA profiles in support of the law enforcement and criminal justice communities continues to evolve. A few years ago, the role of the NDDB expanded when there was an amendment to the DNA Identification Act that allowed new indices to be created in support of humanitarian investigations involving missing persons and unidentified human remains.

Over the past 20 years, DNA technology and innovation has also evolved and shaped the way many investigations are conducted and used as a trusted form of identification in criminal proceedings.

The future

With DNA indices continuing to grow and gain relevance, the NDDB continues to be successful thanks to the partnerships with the public forensic laboratories, police investigators, peace officers, and members of the criminal justice community.

The NDDB is assessing the potential use of familial DNA searching as a means to provide leads to criminal investigations. This type of searching would require a change in legislation before it could be implemented. The NDDB is also supporting efforts to examine expanding the collection of DNA samples to include all individuals convicted of a designated offence.

NDDB notables over the last 20 years

June 30, 2000

Launch of the National DNA Data Bank

July 6, 2000

First crime scene DNA profile received in CODIS

November 10, 2000

First forensic hit^{Footnote ii}

December 1, 2000

First offender hit^{Footnote i}

April 25, 2002

Signed agreement with INTERPOL to share DNA information with other countries

May 14, 2002

First international hit

September 11, 2003

1,000 offender hits

August 14, 2006

Over 100,000 convicted offender profiles contained in CODIS

August 29, 2008

10,000 offender hits

March 31, 2010

Over 200,000 convicted offender profiles contained in CODIS

December 31, 2012

25,000 offender hits

March 6, 2018

Launch of the National Missing Persons DNA Program

April 20, 2018

50,000 offender hits

May 24, 2018

First hit made to identify a victim of a designated offence

October 25, 2019

First hit made to identify a human remain submitted through the National Missing Persons DNA Program

February 29, 2020

Over 400,000 convicted offender profiles contained in CODIS

October 31, 2020

Over 1,000 humanitarian profiles contained in CODIS

The National DNA Data Bank

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

• link crime scenes across jurisdictional boundaries
• 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

On behalf of the Government of Canada, the Royal Canadian Mounted Police (RCMP) is the steward of the NDDB, which operates for the benefit of Canada's entire law enforcement community.

The DNA Identification Act allows the NDDB to maintain the following indices (databases):

• 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 (NMPDP), 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 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.

Convicted offender submissions

Every year, the NDDB processes all 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, a police officer 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 that the DNA order was issued for a criminal offence for which DNA can legally be collected and 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 convicted offender biological sample and endorsement submissions are sent to the RCMP's Canadian Criminal Real Time Identification Services so they 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 has the choice to issue a DNA order. However, for some designated offences, such as murder, the judge must issue an 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 DNA 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

To better serve the NMPDP, the NDDB introduced technologies for the isolation and characterization of DNA. Specifically, it introduced procedures for the development of DNA profiles from personal effects and hard tissue samples, such as bone and teeth. In addition, the NDDB validated procedures to analyze the Y-chromosome and utilize an advanced technology using Next Generation Sequencing, which allows for mitochondrial DNA analysis.

Overview of NMPDP submission process

CPIC

• Investigators ensure CPIC entries are complete for the missing person or human remains case
• Contact NCMPUR for submission authorization

NCMPUR

• NCMPUR assesses cases
• Provides consultation and guidance to investigators
• Provides submission and consent forms
• Authorizes cases for NDDB submission

Investigation

• Investigators collect biological samples, personal effects and/or human remains
• Complete submission and consent forms
• Send the submission package to the NDDB

NDDB

• NDDB verifies that all forms are completed
• Conducts DNA analysis
• Adds qualifying profiles to humanitarian indices
• Provides scientific support to NCMPUR and investigators

Match in CODIS

• NDDB generates a report for associations to a missing person or human remains DNA profile
• Sends the report to NCMPUR

Match notification

• NCMPUR forwards the report to the investigator

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 Federal Bureau of Investigation and the United States 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 1,889 incoming international requests related to criminal investigations to search the Convicted Offenders Index (COI), the Crime Scene Index (CSI), the Missing Persons Index (MPI) and the Human Remains Index (HRI). These searches produced 7 offender hits and 11 forensic hits. Furthermore, the NDDB has sent 353 requests related to criminal investigations to other INTERPOL countries for comparison to 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 89 incoming international requests to search missing persons and unidentified human remains profiles against the COI, the CSI, the MPI and the HRI. The NDDB has sent 26 requests to other INTERPOL countries for comparison of DNA profiles developed from missing persons and unidentified 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 or humanitarian purposes. 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 to protect the privacy of an individual, 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 offender's personal information is kept in a separate registry maintained by the RCMP's Canadian Criminal Real Time Identification Services (CCRTIS), which NDDB employees cannot access. This process ensures that NDDB staff never know which convicted offender's DNA profile they are processing. Likewise, CCRTIS employees 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 is 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 is removed from the appropriate DNA index and the biological sample is destroyed.

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

The value of secondary designated offence submissions

The Criminal Code classifies those offences that may be the subject of a DNA order as either 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 amended and the list of secondary designated offences was expanded to include a wider range of offences (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.

Secondary designated offences for which a DNA Order has been issued

• S. 145 (1)-(11) Failure to appear, to comply etc...
  • 2,284 Associations^{Footnote i}
    • 88 Murders
    • 159 Sexual assaults
• S. 266 Assault
  • 8,553 Associations
    • 597 Murders
    • 1,400 Sexual assaults
• Drug offences (CDSA and CA)
  • 2,585 Associations
    • 214 Murders
    • 215 Sexual assaults
• S. 264.1 Uttering threat
  • 1,074 Associations
    • 65 Murders
    • 136 Sexual assaults

Process for reporting a DNA match

Criminal investigations

NDDB processes biological samples from convicted offenders and enters the resulting DNA profiles into the Convicted Offenders Index.

• NDDB runs a search between the Crime Scene Index and th Convicted Offenders list
• DNA match between a convicted offender's DNA profile and a crime scene DNA profile.
• The offender, the crime scene and the laboratory identifiers are brought to the Canadian Police Services Information Centre (CPSIC).
• CPSIC forwards the convicted offender data to the forensic laboratory.
• Forensic laboratory passes the convicted offender identity information to the investigator.

Forensic laboratories process biological samples left at crime scenes and enter the resulting DNA profiles into the Crime Scene Index.

• NDDB runs a search between the Crime Scene Index and th Convicted Offenders list
• DNA match between a convicted offender's DNA profile and a crime scene DNA profile.
• The offender, the crime scene and the laboratory identifiers are brought to the Canadian Police Services Information Centre (CPSIC).
• CPSIC forwards the convicted offender data to the forensic laboratory.
• Forensic laboratory passes the convicted offender identity information to the investigator.

Process for confirming a DNA match

Criminal investigations

• The investigator assesses the case evidence to determine if further investigation of the suspect is required.
• If evidence of a match between the convicted offender and the crime scene DNA profiles is required for court purposes, the investigator must apply to a provincial court judge for a DNA warrant. If the DNA warrant is ordered, a biological sample can be collected from the suspect under that authority.
• The biological sample is submitted to a forensic laboratory for analysis. The forensic laboratory compares the suspect's DNA profile to that of the crime scene evidence.
• The forensic laboratory issues a report confirming a DNA match between the suspect's DNA profile and that of the crime scene evidence.
• Based on the laboratory report and other investigative information, the investigator can consider whether charges should be laid or recommended against the suspect.

Success stories

For the past 20 years, the NDDB has provided vital support to over 73,000 criminal investigations and court proceedings at the local, national and international levels. The index of convicted offenders DNA profiles has been crucial in helping to solve numerous cold cases. Some of the more high profile of these investigations include the sexual assault and brutal murder in 1984 of a popular Quebec actress, Denise Morelle; the 1992 murder of Marie Lorraine Dupe, a convenience store clerk in Nova Scotia who was stabbed repeatedly; the 1987 murder of Lilian Berube who was beaten to death during a break and enter; the 1995 attempted murder of a Quebec correctional officer; and the violent murders of two children in two separate cases, six-year-old Corrine Gustavson in Alberta in 1992 and nine-year-old Joleil Campeau in Quebec in 1995. The offenders left behind no leads other than DNA and it was this that eventually helped identify them and link them to their heinous crimes.

In other cases, quick identification was possible because the offender's DNA was already in the NDDB. This was the case in 2016 when a suspect was arrested six days after the sexual assault of a young woman on New Year's Day in Newmarket and in the case of 2 sexual assaults in Montréal in 2018 where the serial offender was identified within a few weeks. The NDDB has also provided valuable information across Canada's borders. One example is in 2002, a disturbing Ohio murder where the suspect was identified as a known offender in Canada following the airing of an episode of America's Most Wanted.

All these and countless other cases have been supported by the NDDB in accordance with the DNA Identification Act. A few other stories are provided here in more detail and have been randomly selected to help showcase the value of DNA databases in support of public safety. Due to cases still being in the courts and other considerations, the following true stories represent only a sample of the numerous cases where DNA analysis has been instrumental in shaping the course of an 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 Commissioner of the RCMP 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)

RCMP Chief Superintendent (retired), representing the police community.

Derrill Prevett, Q.C. (Vicechair)

Attorney and legal expert, with over thirty seven years experience in high profile cases involving DNA evidence.

Dr. Frederick R. Bieber, Ph. D.

Bio-Medical Ethics, Specialist and Associate Professor of Pathology at Harvard Medical School. Dr. Bieber is a medical geneticist at the Brigham and Women's Hospital in Boston, Massachusetts.

Dr. Ron Fourney, Ph. D., O.O.M.

Director of Science and Strategic Partnerships, RCMP, and a founding member of the NDDB.

Sue O'sullivan, B.A., O.O.M.

Human Rights Specialist, with extensive experience in advocacy for victims of crime.

Dr. Michael Szego, Ph. D., MHSc.

Clinical Ethicist and Director of the Centre for Clinical Ethics. Dr. Szego is an Assistant Professor, Department of Family and Community Medicine and Dalla Lana School of Public Health at the University of Toronto.

Dr. Ben Koop, Ph. D.

Medical Genetics Expert and Professor of Biology at the University of Victoria.

Lacey Batalov (Represented by Sofia Scichilone)

Representing the Privacy Commissioner of Canada.

For 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, 2021

Endorsements: January 1, 2008 through March 31, 2021

The decrease in numbers this reporting period is attributed to the global pandemic, which impacted the volume of submissions throughout 2020 and significantly disrupted partner contributions and the NDDB's ability to provide services at full capacity.

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 6,986 (1.5 %) of the biological samples and 2,786 (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 1,830 samples taken under this provision.

Financial statement^{Footnote 1}

Date modified:

2022-03-07