Mr. Speaker, it is a privilege to speak on the bill today. We should reflect back to 1995 at which time there was no process in place to collect the necessary material for a DNA sample.
I was in the House the day the member for Wild Rose challenged the Minister of Justice to bring forth a bill to allow for the collection of DNA samples. It was pertinent to an upcoming case in which the DNA samples would have a large bearing on the guilt or innocence of the person involved.
To the commendation of the government, it acted quickly. It brought in a bill. We debated it in the House. It was passed so that now there is a process in place through which DNA samples can be collected. Prior to that there was no procedure.
Certainly it is a step forward but whenever we consider this type of legislation we have to think about the balance between the rights of the individual and the rights of the accused to privacy and the rights of the public to be protected and to enjoy a law-abiding society, or at least a society that takes action when people do not abide by the law.
While there may be some concern that this is an intrusion into one's personal life, perhaps a check stop is also an intrusion. Someone can be motoring down the highway perfectly legally, well licensed, insured, in a safe vehicle and so forth. A policeman can pull him over simply because he is stopping everybody to check for drivers who have been drinking. I suppose a true libertarian would say that is an infringement on the rights of the driving public. We always have to weigh whether or not we have to give up some of our so-called rights to make society acceptable for all.
That is one of the main reasons the breathalyser test was brought in. It is simply a collection of exhaled air rather than a blood test. At the time when we were talking about the legality of breathalyser tests in Canada there were people who said that taking a blood sample was an intrusion into the personal rights of the accused. The breathalyser test was developed as a result of that balancing act. What we are proposing as an amendment is a balancing act between individual rights and collective rights of society.
Some concerns have been raised with regard to what will happen to the collected DNA provided the accused is acquitted. Those details certainly could be worked out. The DNA information should be kept with the local establishment, the arresting body in whatever town, city, village, or wherever the arrest takes place. If after the trial it is determined the accused is innocent or is acquitted, the evidence should be automatically destroyed. An application should not have to be made. That could be easily accommodated in the bill. It would speak volumes to people who are libertarians and who set their personal freedoms ahead of all other freedoms.
I am reminded of one of my father's quotes when he said that democracy and freedom were all about being able to do whatever it is that one wanted to do provided it did not interfere with the rights of others. That sums it up quite nicely. When one interferes with the rights of others or when one's actions causes the rights of others to be lessened or infringed upon, these kinds of consequences have to take place.
I stress the balancing aspect of the legislation. It is of utmost importance. The question of whether or not the DNA material, evidence or analysis will be widely or locally distributed can be very easily dealt with in the legislation. I am pleased to hear it being raised as a concern because of the possibility of having it included in the legislation. It is of utmost importance.
We must also not assume that DNA evidence is there only to convict. It is also there in cases where the accused would be very pleased to offer up a DNA sample and I can think of a few cases without enumerating them. We all know of cases in which people have been accused and convicted on circumstantial evidence and where DNA evidence has ultimately proven their innocence.
This can be viewed from both sides. We should not automatically assume this is a convicting tool. It is also a tool that will determine innocence. It is very much along the lines of the breathalyser test, a commonplace test for sobriety.
I am very pleased to see the Reform Party has put forth these amendments and that the government has at last come forth with the legislation and has allowed us to debate it here today. In my opinion this debate is excellent. My hope is that the government is willing and ready to accept the Reform amendments.
I am a little disappointed that the government is not here to share its rationale behind this legislation. I would very much like to hear how it views the privacy aspect and the public need aspect. I know the government is monitoring what is going on in here now. I would certainly like it to put forth somebody from the justice department to enlighten us a little more on their thoughts on this matter.