The National DNA Data Bank: is part of National Police Services, administered by the Royal Canadian Mounted Police and mandated with providing support services to all law enforcement agencies throughout Canada. Within National Police Services, the Data Bank comes under the RCMP’s Forensic Laboratory Directorate, which is also responsible for research and development of DNA technologies.
The stated purpose.of Bill C-3 as defined at Section (3) is, “to establish a national DNA data bank to help law enforcement agencies identify persons alleged to have committed designated offences, including those committed before the coming into force of this Act…”
As such, the data bank will contain profiles derived from biological samples obtained by police and will include a Convicted Offenders Index and a Crime Scene Index. When a new DNA profile is added to the data bank, the sample will be cross-referenced with DNA profiles in the Crime Scene Index and the Convicted Offenders Index.
Convicted Offenders Index
The purpose of the Convicted Offenders Index (COi) is defined in Section (4). This index shall contain “DNA profiles derived from bodily substances described in 487.071(1) of the Criminal Code, Subsection 196.22(1) of the National Defence Act.”
In the event of a “hit” from the Convicted Offenders Index, police will be provided with the identity of the person from whose bodily substance the profile was derived. No other information, including the profile, will be provided. Except in certain circumstances as outlined in Part 9 of the legislation, information in the COi will be retained indefinitely.
Crime Scene Index
Section (3) states the Crime Scene Index (CSI) “shall contain DNA profiles that are derived from bodily substances that are found:
(a) at any place where a designated offence was committed;
(b) on or within the body of the victim of a designated offence;
(c) on anything worn or carried by the victim at the time when a designated offence was committed; or
(d) on or within the body of any person or thing or at any place associated with the commission of a designated offence.”
When a “hit” is obtained from the Crime Scene Index, police will be provided with the case number of the investigation associated with the bodily substance from which the profile was derived.
DNA profiles stored at the Data Bank will not be used in prosecutions. The Data Bank will contain the DNA profiles of analyzed biological samples from convicted offenders or crime scenes. Should a direct association be established between the donor and a crime, police will then be required to obtain an additional sample from the suspect by warrant. Only DNA data from the new sample will be used as evidence in court. The only identifying information police will be able to obtain from the Data Bank will be the name of the subject where a direct association or match is established. Access to DNA profiles contained in the Convicted Offender Index and to samples will be strictly limited to those directly involved in the operation of the Data Bank.