The Canadian National DNA Data Bank opened for business in June 2000. DNA profiles from biological samples are kept in two indexes - one for convicted offenders and one for unsolved crime scenes. The Canadian DNA Data Bank is part of the RCMP National Police Services and is available to all law enforcement agencies across Canada.
Purpose of the DNA Data Bank
The DNA Data Bank helps investigators identify suspects, link crime scenes where there are no suspects, eliminate suspects, and determine if a serial offender may be involved in a crime.
DNA Profiles
Under the Canadian Criminal Code, judges can order those convicted of designated offences to provide samples for DNA analysis. Young offenders can be included in the DNA Data Bank. The Canadian National Defence Act also lets military judges make DNA Data Bank orders.
For purposes of the DNA Data Bank, offences are designated primary or secondary.
Primary designated offences are the most serious criminal offences - for example, murder and manslaughter, sexual offences and aggravated assault. A judge who convicts a person of a primary designated offence is required to make an order for the collection of a DNA sample from the offender, unless the offender can convince the court that the impact on his or her personal privacy and security outweighs the public interest. Internet luring of a child, child pornography and criminal organization offences were added to the list of primary designated offences when legislation strengthening the DNA Data Bank was passed in 2005.
Secondary designated offences include less serious crimes like arson. For secondary designated offences, the Crown must apply for a DNA collection order and show the court that it is in the best interests of justice that it be granted.
When a new DNA profile is added to the DNA Data Bank, it is compared with profiles already there. If a match is found, the investigators are informed. Data comparisons and sharing information with foreign law enforcement agencies are permitted, as long as there is agreement that the information will be used to investigate or prosecute a criminal offence.
Privacy Protection of DNA Profiles
To protect the privacy of individuals, limits have been placed on the access and use of the DNA Data Bank and on communications about both profiles and the bodily substances used. The DNA Data Bank is used strictly for law enforcement purposes. All other uses, including medical research, are against the law.
Results of DNA Data Bank
By May 2006, the DNA Data Bank had nearly 100,000 entries in the Convicted Offender Index and over 28,000 DNA profiles in the Crime Scene Index. Since its inception, the DNA Data Bank has resulted in over 5,200 crime-scene-to-offender matches, and more than 750 crime-scene-to-crime-scene matches.
