Home Research 2005 public consultation on DNA MPI: An overview

2005 Public Consultation on DNA MPI: An overview

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Consultations on creating a DNA Missing Persons Index (MPI) took place between April 1st and July 31st, 2005. The consultations followed previous federal-provincial-territorial (FPT) Ministerial discussions on the issues surrounding a DNA MPI, and were intended to help determine if Canadians want such a system to be created.

The purpose of a DNA MPI would be to identify anonymous human remains, and to help provide certainty to families and loved ones of missing persons in Canada. A DNA MPI would help law enforcement personnel to connect unidentified remains with a person who has been reported missing.

The paper asked a number of general, technical and operational questions. This summary provides an overview of the responses to the consultations.

Responses

More than 150 responses to the consultation paper were received. The majority came from members of the public, supporting the creation of a DNA MPI. Others came from governments, missing persons organizations, police organizations, provincial bar associations, privacy officials and Parliamentarians. In addition to the formal responses to the consultation paper, a number of letters of support for a national MPI were received from members of the general public.

Results

The responses expressed strong support for:

• A national DNA MPI (however, it should be noted that what constitutes a “national” DNA MPI was not defined in the consultation paper).
• A DNA MPI to be located with the RCMP. Opinion was divided over whether a DNA MPI should be co-located with the National DNA Data Bank(NDDB) or autonomous from the NDDB.
• Having the RCMP carry out biological analysis of DNA samples. Many respondents with expertise in the area suggested that the DNA MPI should employ the same approach for analysis as NDDB: the RCMP would undertake DNA analysis for all provinces excepting those that operate their own laboratories, Ontario and Quebec.
• Giving a “positive match” the legal effect of allowing the coroner of jurisdiction to make a legal declaration of death.
• Allowing for the inclusion of DNA profiles of biological relatives in a DNA MPI. Opinion was mixed over whether this should be allowed in all cases, or simply in those where it is deemed necessary.
• The need for strict guidelines, set forth in legislation, to govern the DNA MPI. Respondents suggested that the guidelines that govern the NDDB can be used as a model, with special consideration given to the issue of consent from family members for collection, use, retention and removal.
• An advisory or oversight body for the DNA MPI.
• The use of nuclear DNA analysis in a Canadian MPI. Those with expertise in the area suggested that a pilot study on analytical techniques is not necessary -- a view that was shared by most members of the general public.
• Considering the expansion of a national DNA MPI in the future to include capacity for mass-disaster victim identification.

Responses to the remaining consultation questions were varied, or raised significant questions. Further examination of the following issues will be required:

• A large number of responses indicated strong support for cross-matching the DNA MPI with the DNA databases currently in use in the criminal justice system. This raises a number of privacy and legal issues.
• On the issue of defining a missing person for the purposes of a DNA MPI, there was a divide between members of the general public, and governments and police.
• In terms of timeframes for retaining a DNA sample or profile, questions were raised about the capacity of a DNA MPI and the RCMP, police services and laboratories to retain profiles and samples.
• And while most respondents did not support the incorporation of an in-house mitochondrial DNA analysis capability within a Canadian DNA MPI, many did support making some provision for carrying out mitochondrial analysis in cases where it would be impossible to obtain a nuclear DNA sample.

Next steps

At the November 2005 meeting of FPT Ministers Responsible for Justice, Ministers reiterated their continued commitment to exploring options for a DNA MPI. They discussed the results of the public consultation process, noting that this input has significantly advanced the issue. They directed FPT officials to continue work to examine the cost, privacy and legal implications of a DNA MPI, and to bring forward recommendations to Ministers at their 2006 meeting.