Evidence of meeting #49 for Justice and Human Rights in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was offences.
A recording is available from Parliament.
10:50 a.m.
Conservative
The Chair Conservative Art Hanger
Thank you, Mr. Murphy.
As a point of clarification, Minister, in reference to Mr. Thompson's question, I believe he was looking for assurances that an offence that may have occurred some years back, prior to any alteration in the Criminal Code, would still be put forward as an opportunity for data bank entry if there's such a situation.
10:50 a.m.
Senior Legal Counsel, Royal Canadian Mounted Police
Thank you, Mr. Hanger.
I would agree with the assertion that Mr. Thompson put forward, that it is a complicated process to determine what is or is not a designated offence. The courts have a problem determining that, because we do have a number of what we call non-designated offences issued for orders with which we have a problem. A number of historical offences, such as rape, are listed in the definition of primary and secondary designated offences, going back to the old sections of the Criminal Code. These are specifically listed in the definition.
Another principle is that where offences that existed in the Criminal Code historically have been renumbered due to a statute revision act, those references to the present law go back and apply to those old offences. So where we have those cases coming before us, we have to get out and do some research to determine whether or not those are non-designated offences or actually qualify under that provision.
So it is not an easy step, and the courts are grappling with it. We also have provisions in Bill C-18 , started in Bill C-13, to deal with this issue of how we handle these orders that we cannot justify in terms of that kind of rationale. That's one of the reasons for Bill C-18, to help us resolve those kinds of cases.
But it's not an easy situation for the courts to determine in all cases whether an offence on its face, where it's historical, qualifies for a DNA data bank order. There will probably be a discussion between the Crown and the defence and the court as to whether or not an order should be issued at that time.
10:55 a.m.
Conservative
The Chair Conservative Art Hanger
Thank you very much, Mr. Bird.
Thank you, Minister, for appearing. It's very much appreciated.
Gentlemen, your appearance here and your testimony have been valuable. Thank you.
10:55 a.m.
Conservative
Rob Nicholson Conservative Niagara Falls, ON
My pleasure, Mr. Chair. I have just enough time to make it to the House for 11, so thank you. I'm going to run.