Mr. Speaker, we have seven or eight minutes left. I will try to conclude my remarks by 5.30 p.m.
I am pleased to speak to Bill C-3 today. It is entitled the DNA Identification Act. It concerns an issue never before dealt with in Canadian legislation.>
The registration of DNA profiles in a bank and the storage of samples and bodily substances raises many ethical and legal questions and warrants thorough consideration in an open discussion. Rest assured that the Government of Canada is taking these questions seriously. That is why the Department of the Solicitor General last year consulted widely on the creation of a DNA data bank.
In January 1996, the solicitor general at the time made public a consultation paper on a national DNA data bank. This document was used as the basis for consultation across the country, in which a number of questions were asked, including: what genetic material should be included in the bank; when should samples be taken and who should do so; should we keep biological specimens and DNA profiles; and how should the DNA data bank be funded?
The document was given to provincial and territorial governments, to police departments, to national police organizations, to those responsible for privacy, to lawyers, to representatives of correctional services, to women's groups, to victims' groups and to experts in the field of forensic medicine. You can see a broad cross section was consulted.
The number of participants in consultations and the number of briefs received raised considerable interest in the creation of a national DNA data bank.
On the whole, the consultation also showed that there was strong support for such a bank, particularly from the police. On the other hand, those concerned with privacy issues and jurists stressed the necessity of adopting balanced legislation which would include the necessary guarantees, limits and protections to ensure that privacy is respected.
The Department of the Solicitor General summarized the results of the consultation process in another document titled “Summary of consultations”. This report stated that there was no true consensus among respondents on such questions as preservation of biological samples of bodily substances and the range of offences involved.
Given the complexity of this matter, and the diversity of views on this aspect of how the data bank would operate, I must take advantage of this opportunity to congratulate the Solicitor General of Canada for introducing legislative provisions which reflect both the necessity to improve protection of the public and the obligation to respect the individual's right to privacy.
The national DNA data bank will offer police forces an invaluable tool to assist them in their battle against violent crime. Police investigations will be facilitated by the use of DNA analysis and by the possibility of comparing genetic data from biological samples from convicted criminals with those found at the scene of unsolved crimes.
It will help ensure that those guilty of serious crimes, such as repeat violent sexual offenders, are identified and apprehended much more quickly. At the same time, the bill contains strict rules governing the collection, the use, the retention of DNA profiles and biological samples in order to ensure that privacy interests are protected.
Building on the success of the DNA warrant legislation passed in July 1995, the current bill includes similar safeguards and processes related to the collection of the samples. To date, we all know that the DNA warrant scheme has withstood charter challenges and thus provides a solid foundation on which to build the DNA data bank scheme.
The legislation includes numerous safeguards. For example, as has already been stated, the RCMP will be responsible for safely and securely storing all biological samples. In addition, the legislation limits access to DNA profiles contained in the convicted offenders index and access to the samples themselves will be limited to only those directly involved in the operation and maintenance of the data bank.
In order to ensure the appropriate use of information contained in the data bank, the bill states clearly that only the name attached to the profile may be transmitted to the authorities responsible for implementing the legislation in the course of criminal investigations.
The bill also provides for prison terms of up to two years less a day for infractions. Infractions involving unauthorized use of the data bank will also be included in Canada's Criminal Code and in the legislation on identification by fingerprints.
This is an extremely important bill that will be invaluable to the police in combatting violent crime. As my esteemed colleague, the Solicitor General of Canada, has already said, however, the complexity and innovative nature of the bill require the full attention of members and of experts with the necessary experience and knowledge to advise us on issues relating to technology, privacy, law and ethics.
In conclusion, therefore, I support the motion of the Solicitor General of Canada to refer Bill C-3 to committee before second reading, and I urge all my colleagues in the House to do the same.