The last part of it says, “the person is finally acquitted of the offence and any other offence in respect of the transaction.” When you're finally acquitted is when the appeal period has elapsed or the appeal has been settled. That's when it is final. What this says, among other things, is that all samples of bodily substances of a person who is found innocent are to be destroyed, and that individual's record shouldn't be kept.
We had this on the genetic discrimination bill, you know, the proliferation of information, where it's going, where it's ending up, and if we don't take steps to try to protect.... We're trying to protect somebody here who has been completely cleared of all offences and saying it's over. I understand with respect to somebody wanting to start a civil action against someone, but again, you're balancing off. When somebody who has been charged with an offence has been found to be completely not guilty and/or innocent of that charge, you're balancing his or her rights against somebody who may want to sue them later on. If somebody sues, they still have to go through the process of trying to prove that somebody had done something wrong on a balance of probabilities.
With respect to this, I think we're making a mistake. I thought, when this was suggested to us, that it was just that the bill was silent on this. What happens? Okay, we're having this mandatory testing, but what happens when your name finally gets cleared? What happens to the information? I don't want it to be out there that there's no remedy for that.
Ms. Khalid suggested that we further clarify with respect to the appeal period. I have no problem, obviously, with that, but it's the intent of this, I think, that should have the support of everyone.