Chronic DNA-testing backlog adds insult to injury for victims By: Katie May Posted: 7:00 PM CDT Friday, Mar. 31, 2023

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This article was published 31/03/2023 (891 days ago), so information in it may no longer be current.

Sexual assault victims who are already denied immediate care by Manitoba’s health-care system are facing further justice delays owing to lengthy backlogs in DNA testing.

The wait to be examined by a forensic sexual-assault program nurse is just the first in a long line of delays for victims and their families.

The forensic program at Health Sciences Centre has been plagued by resignations and a chronic staff shortage. While one family member of a teenage victim praised the care they eventually received, he says their closure as a family is stalled by a long backlog for DNA testing.

“Finding (out about) the wait times for all of this has been a disappointment. It’s a little bit of a failure of the system,” says a Winnipeg father whose teen was sexually assaulted last summer. Months-long delays in DNA testing at the RCMP’s national forensics lab haven’t helped investigators push the case forward, and no charges have been laid.

“You have no control over the original crime, but to have the system… continue to delay the ability to move on from what has happened is unfair to the victim and their families,” he said.

The father, who cannot be named to protect the identity of his underage child, decided to speak out about how his family has been affected by the slow pace of the legal and health systems as the investigation remains ongoing.

They were told initial DNA analysis would take about six months, and the wait gets longer the more tests are necessary, the father said.

“Now, is that an acceptable timeline? I would argue not,” he said.

“It’s one thing to go through that waiting; it’s another thing knowing that memories fade and details fade,” the man added.

“What other details might have been there that by now are long gone?”

Neither the Winnipeg Police Service nor RCMP national headquarters could provide specifics when asked how long it typically takes for sex-crimes investigators to receive DNA test results after sending swabs collected during the forensic exams.

Samples have to be sent to the RCMP National Forensic Laboratory Services, and the chronic backlog has been criticized in multiple public audits and reviews over the past 20 years. Routine requests took from 65 to 300 days to complete in 2021-22, based on the diary dates agreed upon by the lab and police agencies. Diary dates change depending on the level of analysis required and the priority level of the case.

“You have no control over the original crime, but to have the system… continue to delay the ability to move on from what has happened is unfair to the victim and their families.”–Family member of a teenage assault victim

In Manitoba, police and Crown attorneys deferred questions about DNA testing backlogs to the RCMP national lab. Provincial prosecutors acknowledged the problem, stating “Manitoba Prosecution Service indicates the forensic DNA testing backlog is impacting cases and has raised its concerns with the RCMP’s national lab.”

While the national lab continued to operate during the pandemic, turnaround times “and consequently file queues” were affected by COVID-19 protocols, RCMP HQ spokesperson Cpl. Kim Chamberland wrote in an emailed statement that acknowledged the need to improve turnaround times.

“(Lab services) continues to work to introduce new technology, workflows and training to enhance the services it provides to our clients and reduce turnaround times,” Chamberland stated.

The Winnipeg family has been warned, every step of the way, about lengthy delays.

On the night of the assault, the teenager was turned away from HSC and told to return the next morning for the sexual-assault exam.

At that time, the nurse examiner informed them it could be years before the matter lands in court. About 10 days after the assault, at their first meeting with Winnipeg Police Service investigators, the family was informed some complainants choose not to go through a criminal process because of how long forensic testing and a court case would take. The father said they were told they needed to be sure they wanted to pursue criminal charges before police would send swabs to the RCMP for DNA testing.

Winnipeg police would not comment; a spokesperson said the force couldn’t provide more information without having all of the specifics of the case.

A WPS spokesperson said in general, timelines vary for each case and the process “can take several months” from the time evidence is collected to when investigators receive DNA results.

It is the family’s understanding, the father said, that “the case is dependent on evidence provided by the (forensic) nurse and by DNA testing that follows from the nurse’s exam.”

Coping with the aftermath of a sexual assault has meant the family has had to get counselling and learn how to navigate the justice system, health system, and so many processes in between. The father said he’s grateful for the help his teenager has received from police and the sexual-assault nurse examiner program – which he described as “the entry point into all of this.”

“It’s just a very drawn-out process for something that is very life-altering,” he said, later adding: “All of those (systems) seem committed to doing what’s necessary, but not on timelines that are helpful for the victims of these crimes.”

Last week, seven nurses resigned from the program after having worked in it on a casual basis. The program is meant to run 24/7 with nurse examiners on call, but the chronic staff shortage means there isn’t always a nurse available when a victim shows up for an exam. Victims have been told to wait several hours or return later, without showering or wiping themselves, when a nurse is on duty. Some never return to the hospital.

Delays in forensic testing go far beyond sexual assault cases.

“It comes down to trust in the system. People who are victims of sexual assault need to know they can trust that the system will support them and will protect them as they move through the process.”–NDP justice critic Matt Wiebe

Winnipeg defence lawyer Bruce Bonney said he will begin a preliminary inquiry on Monday for a homicide case that happened a year ago. DNA and toxicology results just came in this week.

“It’s very disconcerting,” Bonney said.

He said the RCMP national lab appears to be responsible for the delay. There are lab sites in Edmonton, Ottawa, and Surrey, B.C. The RCMP closed its Winnipeg lab in 2012.

“It’s this delay that sort of stops you from doing an effective, early-on analysis of the various approaches from a defence point of view, and I think the same approach comes from the Crown.”

Delays in waiting for DNA and toxicology reports have been getting longer over the past couple of years based on his experience, Bonney said.

“You can see there’s a problem because of the delay, so target funding towards it.”

Money wasn’t the problem when chronic backlogs and an auditor general’s report on the lab’s processes were met with a $5-million funding injection in 2007. At that time, lab officials told the House of Commons they set targets of 15 days to return DNA results in the most urgent cases, and 30 days for most other cases. But they acknowledged they were never able to meet that 30-day target.

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The national lab currently has 320 employees and new staff are being trained in a gradual process that can take 18 months from the time a person is hired, the RCMP stated.

In 2021-22, the lab processed 12,536 service requests. It received 13,611 service requests which included about 41,000 exhibits.

Manitoba Justice Minister Kelvin Goertzen didn’t respond to a request for comment.

NDP justice critic Matt Wiebe said he has serious concerns about how the sexual-assault nurse examiner program is operating and doesn’t want to see it further burdened because of other delays.

“Obviously, we’re seeing serious challenges in the SANE program meeting the needs of people who need those services, and then if that’s compounded with a backlog in results coming through, I think that speaks to a very concerning situation for victims of sexual assault in this province,” Wiebe said.

“It comes down to trust in the system. People who are victims of sexual assault need to know they can trust that the system will support them and will protect them as they move through the process.”

katie.may@winnipegfreepress.com

Katie May
Multimedia producer

Katie May is a multimedia producer for the Free Press.

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