Opening Remarks

Greetings from the DNA Sample Collections Project Office. This is the fourth of our regular series of updates designed to help keep all our partners informed of the latest developments with the project and the National DNA Data Bank. This issue includes information updates, responses to questions we have received, and some friendly reminders.

We would like this Update to become more of a two-way communications tool. Please send us your DNA-related questions, concerns, success stories and suggestions.

National DNA Sample Collections Video Conference

A successful National DNA Sample Collections Video Conference was held on February 6th, 2001. From all reports, DNA sample collections are going smoothly right across the country. Due to this overall success, participants agreed that regularly scheduled video conferences are probably no longer required. Information and best practices will continue to be shared through these updates. Future video conferences may be scheduled as needed.

URGENT: Sample Collection Errors

The NDDB has raised concerns about the number of sample kits arriving for processing which contain serious administrative errors. These errors include:

• missing index fingerprints on the back of the sample collection card;
• copy of the original order/authorization missing;
• samples authorized and collected for non-designated offences;
• non-NDDB collection kits used for sample collection.

These errors cause costly delays in processing samples, and in some cases, rejection of the sample. There is a detailed checklist included with each sample collection kit. Please remind all officers conducting DNA sample collections to follow this checklist closely.

A copy of the memo broadcast on CPIC regarding this issue is attached to this update.

Most Common Error: Index Fingerprints Missing

Please remember that index fingerprints must be included on the back of the #3800 collection card.

While the index fingerprints may appear to be unnecessary paperwork, they are critically important because they are the only verifiable link between the biological sample and the identity of the donor. If, for example, bar codes have been mixed up, or other administrative errors have occurred, the biological sample can still be positively linked to the correct offender through the index fingerprints on the sample collection card.

The Halton Regional Police Service suggests turning the collection card upside down will place the fingerprint squares closer to the edge of the table, making it easier to take a clear print. The NDDB does not mind "upside down" fingerprints. The important thing is to please, include them!

Use of NDDB Collection Kits

It has come to our attention that NDDB collection kits have been used for a variety of investigative samples, including Bill C-104 DNA Warrants. It is important that this practice cease immediately. NDDB Collection Kits should only be used for collecting convicted offender samples that will be submitted to the Data Bank under the DNA Identification Act (Bill C-3).

A sample collection kit specifically designed for C-104 Warrant samples is under development and should be available by early fall. In the meantime, the supplies required for DNA Warrant and other investigative sample collections can be purchased from a number of different suppliers across the country including:

Whatman BioScience
200 Wells Ave. Newton, MA, USA, 02459-3347
Phone: 1-866-787-3362 or (207)-883-1711
Fax: 1-877-625-1020

Expiry Dates on DNA Sample Collection Orders

Some jurisdictions are experiencing difficulties with the inclusion of expiry dates and other detailed instructions (such as a specific location for sample collection) on DNA Sample Collection Orders.

According to the legislation, sample collection orders are not subject to expiry. Section (s.487.056) states that samples of bodily substances for prospective and retrospective orders shall be taken "at the time the person is convicted, discharged under section 730 or... as soon as is feasible afterwards, even though an appeal may have been taken." Retroactive and resample collections should take place "as soon as is feasible after the authorization...is granted."

We will explore this issue in more detail with the Solicitor General and the Department of Justice. In the meantime, police agencies and crown prosecutors are discouraged from adding expiry dates or other specific collection instructions to sample collection orders.

Crime Scene Index

We continue to receive questions regarding the NDDB Crime Scene Index (CSI). The current policy was outlined in RCMP Bulletin OM-414, issued July 7, 2000. A more detailed policy statement is in the works, and should be available soon.

CPIC Bulletins: Adding SIP Entries

We have asked that police agencies be allowed to identify offenders with outstanding DNA sample collection orders under the "Special Interest Person" (SIP) heading on CPIC. Although we know that some police agencies have already started making these SIP entries, we are still awaiting official approval to proceed. We do expect to receive this final approval no later than June, 2001.

Reminder: Tracking Information Required!

Please remember to complete and return the tracking forms for all Retroactive sample collection requests (Form 44's). Again, this may seem like unnecessary paperwork, but it is important for us to track the progress of the sample process.

Training

Sample Collections training is ongoing across the country. Training materials will soon be available via the Internet and CD-ROM. Please remember that the NDDB is no longer supplying training kits. A list of suppliers for training kits was included in the January Update.

"F" Division has had a great deal of success using their first aid trainers to conduct collections training. They have found the time allocations for both courses are generous, which means they can often be combined into one session, and that the topics are a "good fit."

Martin's Criminal Code

Several jurisdictions have informed us that the 2001 edition of Martin's Criminal Code does not include the S10 amendments to Bill C-4. Martin's distributed an update in November of 2000, which should help to eliminate any confusion. If you did not receive the Martin's update, please contact your local distributor, or Martin's, directly. The 2001 edition of the Wilson-Lafleur Criminal Code is not affected.

Statistics

As of March 5th , 2001, the NDDB had received a total of 5268 DNA samples.

• Retroactive samples: 350
• Retrospective samples: 3271
• Prospective samples: 1682
  
  
• DNA Profiles in NDDB CSI: 1425
  
  
• Total Hits: 13

Reminder: Please forward your samples to the Data Bank as you collect them. This will allow us to process the samples in a timely fashion and keep the Data Bank as up to date as possible.

Next Update

The DNA Update will be distributed in early May 2001.

FOR THE URGENT ATTENTION OF ALL CANADIAN POLICE AGENCIES. PLEASE ENSURE THAT ALL POLICE OFFICERS, WHO ARE RESPONSIBLE FOR TAKING DNA SAMPLES, FOR THE NATIONAL DNA DATA BANK OF CANADA ARE MADE AWARE OF THESE ISSUES. THE NATIONAL DNA DATA BANK OF CANADA ADVISES THE FOLLOWING :

WHEN TAKING BIOLOGICAL SAMPLES FROM CONVICTED OFFENDERS ACCUSED OF DESIGNATED OFFENCES, AS SPECIFIED IN SECTION 487.04 OF THE CRIMINAL CODE OF CANADA, AND SENDING THESE SAMPLES TO THE NATIONAL DNA DATA BANK (N.D.D.B.) FOR ANALYSIS, PLEASE ENSURE THAT :

1. THE OFFENDER'S FINGERPRINTS (LEFT AND RIGHT INDEXES) ARE PRESENT ON THE BACK OF THE SAMPLE COLLECTION CARD / HAIR COLLECTION CARD.
2. A COPY OF THE ORIGINAL ORDER/AUTHORIZATION IS INCLUDED WITH THE BIOLOGICAL SAMPLE.
3. THE CHARGE AND CRIMINAL CODE SECTION NUMBER ARE INDICATED ON THE ORDER/AUTHORIZATION.
4. THE OFFENCE INDICATED ON THE ORDER/AUTHORIZATION IS A DESIGNATED OFFENCE AS SPECIFIED IN SECTION 487.04 OF THE C.C.C. SAMPLES FROM NON-DESIGNATED OFFENCES WILL NOT BE ACCEPTED BY THE N.D.D.B.
5. A PROPER N.D.D.B. SAMPLE COLLECTION KIT IS USED TO SUBMIT A BIOLOGICAL SAMPLE TO THE N.D.D.B. ALL OTHER KITS WILL BE REJECTED BY THE N.D.D.B.
6. ONLY ONE SAMPLE COLLECTION KIT PER OFFENDER IS SENT TO THE N.D.D.B.
7. A PROPER VERIFICATION ON C.P.I.C. IS PERFORMED BEFORE SAMPLING TO AVOID SENDING THE SAME SAMPLE TWICE FROM AN OFFENDER.

FAILURE TO COMPLY WITH THE ABOVE COULD RESULT IN SIGNIFICANT DELAYS IN PROCESSING SAMPLES. IN SOME SITUATIONS, REJECTION OF THE SAMPLE COULD OCCUR, CAUSING THE ENTIRE COLLECTION PROCESS TO BE REPEATED.

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