Mr. Speaker, the DNA Identification Act provides for the establishment of a national DNA data bank to be maintained by the RCMP.
The new act authorizes the courts to force those convicted of certain designated offences to provide biological samples for genetic analysis. The resulting genetic profiles will be stored in the convicted offenders index of the genetic data bank.
The data bank will include a crime index containing genetic information collected at the scene of solved and unsolved crimes, and a convicted offenders index containing the genetic identification profiles of adults and teenagers convicted of specific offences under the Criminal Code.
The approach will be twofold in the case of the convicted offenders index. Designated offences will be classified under two headings: primary offences and secondary offences. The list of primary designated offences will include serious violent offences including aggravated sexual assault, which are the types of offences for which DNA evidence can be most useful. Except under exceptional circumstances, at the time of sentencing for this type of offence, the court will order that samples of bodily substances be taken for the data bank.
The person found guilty of a secondary designated offence can be ordered by the court, at the request of the crown, to provide a sample for the data bank, if the court is satisfied that it is in the best interests of the administration of justice to do so.
How can the creation of a national DNA data bank help the police and the courts? Such a bank will help police forces to conduct their investigations and will assist the authorities in identifying and arresting more quickly individuals who commit serious offences, such as sexual offenders and violent repeat offenders.
This will help police identify and arrest repeat offenders by comparing DNA information found at the crime scene with the information in the convicted offenders index. This will also help authorities determine if a series of offences has been committed by a single person or by more than one person. It will help to establish links and to resolve cases involving several jurisdictions by giving investigators access to information which otherwise would not be available. It will also help guide investigations by eliminating suspects whose DNA profile does not match what was found at the crime scene. It will also dissuade offenders from committing other crimes by increasing their chances of being arrested.
There will, however, be restrictions on access to samples and to DNA data. Strict rules will apply to the taking of samples and to the use and storage of biological specimens and DNA profiles. The bill clearly states that all samples must be used only for DNA analysis and for forensic purposes. Access to the DNA profiles in the convicted offenders index and to the samples will be limited strictly to those directly involved in the normal maintenance of the DNA data bank. Only identifying information, such as a person's name, will be communicated to appropriate agencies, those implementing the legislation for the purpose of investigations and proceedings resulting from criminal charges. There are provisions for criminal penalties in order to prevent the misuse of samples of bodily substances or DNA profiles.
Many people, in news bulletins and in the newspapers in our region of Abitibi are asking us what DNA is. DNA stands for a molecule known as deoxyribonucleic acid—quite a mouthful—which is considered to be the basic unit of life, the body's genetic fingerprint. Humans, like animals and plants, are composed of billions of cells. Each cell has a nucleus containing 46 chromosomes divided into 23 pairs. The DNA molecule is inherited from the father and the mother and is present in these chromosomes. It is identical in all the cells of all parts of the body, except in the case of identical twins, where each has his or her own particular DNA molecule.
In the forensic context, the expression DNA analysis generally means various techniques of molecular biology that can be used for identification purposes in the direct analysis of specific sites on the DNA molecule.
DNA analysis requires very little genetic material and samples of bodily substances can be taken relatively discreetly.
DNA analysis is an excellent means of comparative identification. We are particularly familiar with its use in identifying the perpetrators of violent crimes by comparing biological samples taken from suspects with bodily substances left directly or indirectly at the scene of the crime by the person who committed it, or taken away from it by that person, for example blood or saliva.
Since its introduction into the legal system in Canada in 1988-89, DNA analysis has led to the conviction of hundreds of persons who have committed violent crimes, ranging from assault to homicide. As well, it has made it possible to prove the innocence of suspects and to exonerate and release individuals who were already convicted. Genetic fingerprint analysis for forensic purposes is practiced everywhere in the world. In recent years, the U.S., Great Britain, Norway and New Zealand have adopted legislative measures to create genetic data banks for forensic purposes.
What is the government's strategy with respect to DNA? Prior to July 1995, DNA evidence had been presented before Canadian courts for some time, but there was no specific legislative framework to govern recourse to such evidence. In order to clarify the situations in which genetic samples could be taken as part of a criminal investigation, legislative amendments were adopted in July 1995, with a view to allowing the police to obtain a warrant authorizing them to take biological samples before, during or after a suspect's arrest.
As part of Phase II of the government's DNA strategy, a consultation document, “Establishing a National DNA Data Bank” was published in January 1996. The groups consulted across Canada, the law enforcement community in particular, were strongly in favour of the creation of a national DNA bank. A “summary of consultations” was released on February 28, 1997.
In closing, I must say that this is a step forward and that we must move ahead in order to help our police officers to do their job.