Now, there are two areas. One is the issue of the scope of judicial discretion with respect to making an order, and the second is the issue of international sharing.
If I look at the issue of international sharing, we would like to know what would actually be shared internationally and with which countries. Is there a limit to the countries with which Canada would share information from the DNA bank? Is there an actual signed agreement or covenant, or what have you, with countries with whom we would share DNA information?
And if there's a violation...? For instance, we have our scope, so that if this bill goes through—amended or not amended—there will be a clear framework or clear conditions under which DNA can be collected, under which the information can be used, and under which the information would be destroyed, for instance. First, would any international sharing be subject to exactly the same conditions under which DNA in Canada can be used or must be destroyed, etc.? If so, and there are violations of Canadian law the other country agreed to respect, what recourse would Canada have?
That's one series of questions, and you may have to use other time to respond.
On the question of judicial discretion, we already know that visible minorities and aboriginals are disproportionately represented in our correctional system. Longitudinal studies have shown very clearly that there's an element of racial profiling. I can remember very clearly a study done in Quebec regarding a certain number of offences—assault, assault causing bodily harm, etc.—in which researchers used actual police files. They were able to determine that, all factors being equal, if you were black and male and between the ages of 18 to 35, your chances of being charged were twice to three times—depending on the so-called infraction—those of a white with the same circumstances, or with everything else being the same. Therefore, we know from studies that visible minorities and aboriginals are disproportionately represented, and it's not because they're more criminalized, but because there is a certain amount of systemic discrimination that exists. The police admit it themselves—the Montreal police do—and they've instituted programs to try to deal with it.
So by removing judicial discretion, are you not worried that the data bank will then reflect the same kind of systemic discrimination?