Yes, Mr. Chair.
Solely from a technical point of view—and I understand I'm not here to make an argument—there are a number of significant concerns with this proposed amendment which I would summarize by saying I think it would be premature.
To address the point that was just raised, it's very important to appreciate the difference between a record within the meaning of the Criminal Records Act and an entry on CPIC. As I've said before, the purpose of the Criminal Records Act is to regulate the granting of record suspensions. In other words, it expresses society's view about, in essence, how long one has to wait and what should be captured. That is the purpose of clause 75.
An entry on CPIC is a different matter. In essence, it's a practical matter that does have profound consequences for an individual. The point is under division 6.2 of the National Defence Act—in other words it's already law—under section 196.27, if fingerprints are taken in respect of a matter that is tried by summary trial, they must be destroyed without delay. The reason that matters is that you shouldn't get on to one of the databases on CPIC without those fingerprints. So I think there's a significant misapprehension there.
The point I think it's very important for the committee to appreciate, and why I would have considerable concern with the way that proposed paragraph 249.27(2)(b) is drafted, it says “...all references to those offences from the automated criminal records retrieval system”. All of them? There are four data banks on the CPIC system. One is the information data bank, which contains criminal records data. That would be the one that a court, for example, would refer to to confirm a conviction, but there's also an investigative data bank, an intelligence data bank, and an ancillary data bank that deals with a variety of stuff.
Is it the case that to accomplish the policy intent here that every reference to these things should be taken out of the investigative data bank? Maybe the answer is yes, but the problem is that hasn't been consulted. It's fine to make a recommendation if you're not responsible for running the system, but I would respectfully suggest that the appropriate way for Parliament to make law here is to be absolutely sure that the Commissioner of the RCMP and the Minister of Public Safety, who are responsible for running this system, have been consulted. There may very well be aspects of this that haven't been considered in the very short and sustained consideration this committee has given.
So I respectfully say I think it would be premature, verging on dangerous, to enact the amendment as it's drafted without the consultation and without the process that needs to be gone through to make sure that this is legislatively sound.
With respect to proposed paragraph 249.27(2)(a), I would respectfully suggest that it is probably redundant. But, again, this issue of consultation with the Department of Public Safety, Minister of Public Safety, officials of the RCMP, would need to take place so we understand all of this.
Please understand I'm not saying no way, no how, that it would always be a bad idea. I have significant concerns with how it's drafted and that it's premature, as an official would have to implement this as policy.