Mr. Speaker, the bill before us this morning truly combines science and new techniques, permitting a fairer society in which as many crimes as possible will be solved.
Why do I say it is a bill that really reflects improvements in science? It is because deoxyribonucleic acid existed all along, but either we were not aware of it or we did not know how much it could contribute to clearing up cases. It is better known as DNA.
For our viewers, DNA, to describe it very simply, involves the chromosomes found in the living cells of the human body and are like a sort of fingerprint. Everyone has their own unique DNA, and as the member who spoke before me said, even identical twins, triplets or quadruplets will have different DNAs, because of their chromosomes, just as in the case of fingerprints. In all the years they have been fingerprinting criminals, no two individuals have been found to have the same prints. According to science, it would never—or at least so it appears—be possible to find two individuals with the same DNA.
At first glance, this bill has an important function: to modernize police techniques and use this discovery to benefit justice.
At the outset, the Bloc supports this action. As it did in the 35th Parliament, it will co-operate in the 36th Parliament with the aim of producing a bill that is as effective and wide-ranging as possible while at the same time respecting the fundamental rights of Canadians and Quebeckers, who would have it no other way even in the case of DNA legislation.
The important thing in a bill such as this one is to achieve a balance between the fight against crime and the respect of individual rights and freedoms, particularly with procedures involving the collection of bodily substances. In terms of the principle underlying the legislation, it goes without saying that the crime rate and the number of unsolved crimes can never be too low. The work performed by the police deserves our attention and support, so we can help the police be increasingly more successful in their work.
However, there is something that absolutely must be said. The public hears all kinds of things. DNA testing is an extremely useful tool. However, given its serious nature—it is basically genetic fingerprinting—and given that it is a very specific procedure, it must not lead to abuse, and police officers must not be allowed to collect genetic samples for just about any offence.
In this respect, the bill has the merit of providing a list of designated offences for which ordinary people would agree that police officers and the judicial system should be allowed to use DNA testing and to collect samples of blood, saliva or other bodily substances from an individual.
I will just mention a few of these offences, but there is a whole list of them. They are all similar and have one thing in common: they are serious offences. They include the use of explosives, sexual touching, invitation to sexual touching, sexual exploitation, incest, murder, homicide, aggravated assault, assault with a weapon, torture, rape and arson. With this very specific list of designated offences drafted by the lawmakers, police officers will know precisely when they can collect DNA samples. They will not be allowed to do so for just any offence or reason, but only under very specific circumstances.
That having been said, while continuing to support this kind of bill as we did in the past, we do have some concerns and hope that, in committee, witnesses or the government will be able to reassure us on a number of issues. Playing with the physical integrity of individuals and their genetic identity may lead—and I am not saying it will necessarily happen—to the possible misuse of this new technology.
In terms of confidentiality, this is very important. We do have concerns about the bill as it stands right now. For instance, a question comes to mind about the storage of bodily substances collected under the provisions of clause 10: Why keep samples after the DNA information has been obtained? The police will not be working from the sample afterwards, but from the information provided through analysis of the bodily substances.
Nevertheless, the DNA profile will be stored in one of the two data banks: one for things found at the scene of a crime or of a designated offence—saliva, a strand of hair, blood or whatever is found there goes into a specific index—and another one, the offenders index, for the DNA profiles of individuals convicted of a designated offence under the Criminal Code.
So, why in either case, and particularly in that of the offenders index, keep bodily substances when the DNA profile has been found and is in the computer? I wonder what this sample will be used for? This is not to say I am dead against it. I just want the minister or anyone who will come before the justice and human rights committee to answer this question, which I feel is extremely important, given how serious this bill is, as I mentioned earlier.
Another concern is the taking of samples. We should consider whether any police officer can take such samples. There is no problem in the case of fingerprints. Any officer with the proper training can fingerprint anyone. However, not all police officers can take samples of blood or saliva. I have at least three friends who are police officers and I would never allow them to take a blood sample from me. They are better with a gun than with a needle.
Perhaps it is in that area that the bill should be improved. It is a bit like the people using breathalyzers at police stations. These people have received special training. Perhaps we should specify that only specially trained officers can take samples.
Interestingly, section 17 of the bill stipulates that the person required to provide a sample can choose between blood, hair or any other bodily substance.
I have another concern for which I hope to receive a reply from the government, and it is the communication of a DNA profile to other countries. Of course, we can make regulations in Canada. However, in the case of DNA information concerning a Canadian or a Quebecker that we provide to the United States, to a European country or to any other country, I would like to know and especially to be reassured by the minister that the country who will be receiving this information will treat it in the same manner that it is treated in Canada or, in other words, that it will not be possible to do indirectly what the law in Canada prohibits. For instance, if a sample or a DNA profile is to be destroyed in Canada because the person was found not guilty or for any other reason as outlined in the bill, will the United States, for example, agree to Canada's request to also destroy that information at the same time so that it will not come back to Canada through a friendly country or any other country? I think the government should also provide greater clarification in this regard.
My last point concerns the power of the RCMP commissioner to decide how this information should be used and whether it should be made available to other police forces throughout Canada and Quebec. The bill should include a section requiring the commissioner to publish the name of all those who use this information, so that everything is clear.
That being said, and since my time has run out, I wish to add that I offer my complete cooperation to the government and to the opposition parties so that we can work on making this bill the most practical and the best possible for society.