Mr. Speaker, if the government had the courage of its convictions it would grant the police the power to take a sample at the time of charge if the individual has shown by his or her actions that he or she has been in this type of difficulty before and if necessary protect that right by way of the notwithstanding clause.
As one of my colleagues indicated, it is time to tell the Supreme Court of Canada that we want the will of the people expressed through legislation created by elected representatives of this country and not be afraid every time we attempt to do it that nine unelected individuals are going to strike down the will of the majority of the people in this country.
We support this motion. We think this is a good motion. It does not hurt anyone. It causes no undue problems. It is of a voluntary nature. The provision for this type of activity was originally left out the bill. This motion would place it in the bill and recognize the right of individuals to volunteer samples for whatever purpose, but certainly for the purpose of exonerating them from offences they have not committed. How many times have people volunteered for breathalyser tests? How many have given samples of their blood, their scalp hair, their pubic hair in order to have that compared with samples found at the scene and to exonerate them? Other evidence has caused their arrest and charge.
We have looked at the cases that have come forward, the Milgaard case, the Donald Marshall Jr. case, the Wilson Nepoose case and so on. Those are only the ones we know about. Yet we probably have 50 section 690 applications a year going to the justice minister asking for a new trial or asking for mercy based on the conviction these people are innocent. This provides the means in this area whereby identification by way of DNA is allowed. It provides a statutory provision for that.
We support it and we congratulate the member for bringing it forward.