Thank you, Mr. Chair.
As with several of the other amendments proposed earlier by the government, this is a technical amendment to clause 23 of Bill C-36.
Clause 23 proposes to amend the list of offences included in the definition of “primary designated offence” and “secondary designated offence” for the purpose of forensic and DNA analysis. The DNA provisions authorize the taking of a DNA sample in two situations: where persons are convicted of designated offences, and pursuant to a warrant where police have reasonable grounds to believe a designated offence has been committed.
The proposed changes at clause 23 are consequential to the proposed repeal of existing prostitution-related offences, notably section 212 of the Criminal Code and the proposed enactment of the new prostitution offences in clause 20.
Furthermore, clause 23 as currently drafted would include section 212 offences as historical offences for the purposes of the DNA scheme, including paragraph 212(1)(j), living on the avails of prostitution. The need to amend clauses 8, 9, and 10 to address their listing for historical offences purposes identified the need to delete the specific reference to paragraph 212(1)(j) in clause 23.
This would make it clear that a warrant for DNA could not be issued for a historical offence investigation in relation to paragraph 212(1)(j) initiated after Bill C-36 comes into force. The operational impact of this deletion would be minimal. If after Bill C-36 comes into force a warrant is sought to collect DNA to investigate an historical procuring offence alleged to have been committed before Bill C-36 comes into force, police would be able to rely upon other listed procuring offences as set out in paragraphs 212(1)(a) through (h).
For those reasons, we're proposing this amendment and will be supporting it.