I know most of my colleagues are probably in favour of the subamendment, but I hope they listen carefully to what I have to say.
I'm in favour of the original amendment and strongly against the subamendment, for the following reasons. We're talking about something very serious. We're talking about ruining a person's life. Once they get a criminal conviction, as you know, it would have a devastating effect on a person's life. To say that just because a video wasn't available, that it shouldn't be allowed, the cost of that...it doesn't make any sense. The police suggested that we have the technology. They've been using videos for evidence in the past for many, many years. The fact is, it doesn't have to be perfect, but if it added one scrap of evidence that's going to change an entire person's life, a videotape is not much of a cost.
All the legal experts, the people who have to prosecute and defend this in the courts, who came before our committee said, “We need those videos.” They said these procedures, this law, the DRE are fraught with all sorts of things that are going to tie up the courts. We're already letting murderers go free because the courts are tied up. We're going to tie them up even more.
They suggested this process will do more justice for the victim because they will have the tapes, which will add more evidence. It will make convictions more certain. A lot of people, once they see themselves on video, won't go to the long constitutionally charged court cases.
A witness brought a report that said the DREs fail in 10% to 20% of the cases, which means 10% or 20% of the people charged would be innocent. If there can be more evidence that would reduce some of that by videotape, it would certainly remove a huge danger to society.
All the lawyers who have to deal with this in court said this is very important. I think this is very important for the breathalyzer.
If later in the meeting we approve the amendment that will allow one to take evidence away, so that the only thing you can do is prove the machine is broken, then it's absolutely essential that we videotape that process, because how is someone ever going to prove that? I hope that amendment doesn't get through, but videotaping in that particular case, for at least some minor protection of the person's rights, would be absolutely essential.
When you see these tests on tape...it's going to clear up the courts. There will be a lot fewer challenges and it will give a lot more justice to a process that many of the witnesses said was already a challenging new process that we're trying to support, that we're getting into place. It's going to be challenged a lot in the courts. If we can make it any more certain by this standard technology that's already in place, there will be a lot fewer....
We should fund the police for whatever they need. It's a lot less cost than the millions of dollars we're going to spend in court cases and the untold tragedy in millions that convicting innocent people will cause.
Thank you, Mr. Chair.